From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: A Board of Township Supervisors is considering legal action against an area gas station for polluting area wells and plans to meet in executive session to discuss the situation. Is this legal under the Sunshine Act?

A: Maybe. The Sunshine Act allows public agencies to meet in executive session for specified reasons, including litigation. The litigation exception allows a public agency to consult with its attorney or other professional advisor regarding active litigation or issues on which identifiable complaints are expected to be filed. Under this language, the board could meet in executive session to discuss this issue only if its attorney (or other professional advisor) is present and if the Board expects to file a complaint against the property owner.

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