From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A township is considering buying a piece of real estate. Two township supervisors want to discuss the matter during an open meeting while the third supervisor insists the Sunshine Act requires them to hold an executive session. Does the Sunshine Act require agencies to hold executive sessions?

A: No, the Sunshine Act does not require agencies to hold an executive session to discuss the purchase of real estate or any other issue.

Under the Sunshine Act, an agency can go into executive session: 1) to discuss personnel matters relating to specific employees or appointees; 2) to hold information and strategy sessions related to collective bargaining agreements; 3) to consider the purchase or lease of real property (up until the time an agreement or option is reached); 4) to consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or with issues "on which identifiable complaints are expected to be filed;" 5) to review agency business which would lead to the disclosure of information that is confidential by law; or 6) to discuss matters of academic admissions or standings.

In other words, the Sunshine Act permits an agency to hold an executive session under limited circumstances if the agency chooses to do so. However, the Sunshine Act does not require an agency to hold an executive session.

There are a limited number of more specific laws that could require confidentiality. For example, the Family Educational Rights and Privacy Act ("FERPA") protects the confidentiality of student "education records" and requires school boards to discuss certain student matters behind closed doors. These exceptions are few and far between, however, and most boards that discuss matters behind closed doors are not required to do so.

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