From the Legal Hotline

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

Q: Our coverage area includes a home rule county which is governed by a fifteen member council. Eleven council members belong to the same political party. These 11 members routinely meet in private to discuss their course of action on matters of agency business. When questioned, the council members say they are permitted to caucus with members of their political party without violating the Sunshine Act. Is that correct?

A: No. Home rule governments are subject to the Sunshine Act. The Sunshine Act requires that anytime a quorum of an agency discusses agency business, it must do so at an open meeting unless an exception applies. A quorum is the number of agency members required to take official action, usually one more than half the total number of agency members.

In this situation, 11 members of council constitute a quorum and because they are discussing agency business, the Sunshine Act applies. The general rule requires the discussion to take place at public meeting unless an exception applies. There is no exception that permits a quorum of local elected officials to discuss agency business privately with members of their own political party. Caucuses created under the rules of the Pennsylvania Senate or House of Representatives are not considered “agencies” for purposes of the Sunshine Act and they are therefore permitted to caucus privately, however, this exception does not apply to caucuses outside the General Assembly.

There may be occasions where a quorum of council members could legitimately meet in private to discuss agency business. For example, an executive session may be called to address personnel issues involving specific employees. In that situation, the Sunshine Act requires that all members of council receive at least 24 hours advanced notice so that they may attend. The Sunshine Act also requires that the agency announce the reasons for holding an executive session prior to the executive session or at the next public meeting of the agency.

The 11 member quorum of council is subject to the Sunshine Act and must only discuss agency business at a public meeting, unless a valid exception applies.

Use this link to the Headlines & Deadlines archive of weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]