From the Legal Hotline

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

Q: A school board I cover is revising its policy book. On the subject of board discipline, a proposed policy says that if "a board member fails to meet the required expectations," the board can discuss the matter during a personnel executive session. Can they do that?

A: No, the board may not discuss the performance of fellow board members during a personnel executive session.

Section 708 of the Sunshine Act allows agencies to conduct an executive session to discuss personnel issues related to any specific prospective, current or former employee or appointee of the agency. Elected officials are not employees or appointees of the agency, they are the elected officials that represent the agency itself. Because they are not employees or appointees of the agency, a personnel executive session to discuss the performance of an elected official is contrary to the Sunshine Act.

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