From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: Are agency members prohibited from disclosing what occurred in an executive session?

A: In the large majority of cases, no. Nothing in the Sunshine Act prevents an agency member from disclosing items discussed in executive session. There are a very limited number of other laws, e.g., the Family Educational Rights and Privacy Act (FERPA) (which threatens the loss of federal funding to schools that release student educational records) that could prevent an individual agency member from disclosing such information. The Sunshine Act, however, makes it clear that nothing in that Act “shall be construed to require that any meeting be closed to the public.”

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

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