From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: I heard somewhere that agencies have to inform employees before discussing them in an executive session, and that those employees have the right to have the matter discussed in public. Is that true?

A: Yes. Under the Sunshine Act, any agency employee or appointee whose rights could be adversely affected by a personnel discussion has the right to request, in writing, that the matter be discussed at an open meeting. In Day v. Civil Service Commission of Carlisle, 887 A.2d 793 (2005), the Commonwealth Court held that an agency violated the Sunshine Act when it refused to open the hearing and deliberations relating to a police officer’s termination, despite his request that it do so. As a result of the holding in this case, agencies should: 1) inform employees whose rights could be adversely affected by a planned executive session prior to holding that executive session; and 2) honor such an employee’s request to discuss the personnel matter at an open meeting.

On June 23, 2006, the Pennsylvania Supreme Court accepted this case for appeal.

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