From the Hotline

By Legal Department
Pennsylvania Newspaper Association

Q: Our township supervisors claim that as long as a meeting is not "prearranged" they are not violating the Sunshine Act if they run into one another and talk about agency business. Is that true?

A: No. The Supervisors' position is based on a misunderstanding of the Sunshine Act. It is true that the Sunshine Act defines "meeting" as a prearranged gathering of an agency attended by a quorum of members held for the purpose of deliberating agency business or taking official action, but the definition of "meeting" is not where the analysis begins.

The basic rule of the Sunshine Act is that any deliberations or official action must occur at a public meeting, unless an exception applies. Starting with the definition of "meeting" is starting at the wrong place. The first question -- any time a quorum is present -- is whether deliberations or official action are taking place. If so, then they can only take place at a properly advertised, open meeting (unless an exception applies). It simply does not matter whether the gathering was prearranged or not -- the inquiries are: 1) whether a quorum is in attendance; and 2) whether deliberation (or official action) occurs.

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