From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can a quorum of the school board go on a "retreat" without violating the Sunshine Act?

A: They can, but they cannot discuss agency business while on the retreat.

The general rule of the Sunshine Act is that any time a quorum of an agency deliberates agency business or takes official action, they must do so at an open meeting, unless an exception applies under the Act. The real question here -- as it is with most Sunshine Act inquiries -- is what the Board discusses at its retreat. Team-building exercises, or educational programs on changes in the law, for example, could be appropriately conducted at such a retreat. Items of business or policy issues that are currently before the Board, or will be before the Board in the future, could not be discussed behind closed doors, unless an executive session exception applied.

There is an exception in the Act for agency "conferences," which can be held behind closed doors. Conferences are defined very narrowly in the Act, however, and only include training programs or seminars held for the sole purpose of providing information to agency members. The Act makes it clear that any meeting where deliberation of agency business occurs does not qualify as a conference.

Under the Sunshine Act, if a quorum of the school board discussed or deliberated agency business at this retreat, they would be violating the Sunshine Act, unless an executive session exception applied to the discussions. If they do hold an appropriate executive session while on retreat, they are required to announce, at the next public meeting, that such an executive session was held and to provide a brief description of the subject matter of the executive session.

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