From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: A municipality has been going into executive session to discuss "contract negotiation" issues. Is this lawful under the Sunshine Act?

A: Not necessarily. The mere fact that an agency is discussing the potential terms of a contract does not mean that members can go into executive session. There is no executive session exception that would permit all such "contract" discussions to occur in private. Under the Sunshine Act, certain discussions, such as those relating to specific personnel, active or threatened litigation, collective bargaining agreements, or the purchase or lease of real estate, could be discussed behind closed doors. If the contract discussions do not relate to these topics, though, they should be conducted at an open, properly advertised, meeting. To the extent that a quorum of the agency is engaging in these discussions (and they do not otherwise fall under an executive session exception), they should be doing so at an open meeting.

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