What is the Pennsylvania Sunshine Act and how does it affect my organization?

The Pennsylvania Sunshine Act, 65 Pa. C.S. §§ 701-716, requires that, unless otherwise exempted, agency meetings where agency business is discussed or acted upon must be open to the public to ensure transparency and accountability. Here’s a more detailed overview of what the Sunshine Act entails and how it can affect your organization:

Overview of the Sunshine Act:

1. Purpose: The Sunshine Act aims to promote transparency by requiring that agency meetings where official action and deliberations of an agency take place must be open to the public, unless closed under specific provisions of the Sunshine Act. 
2. Scope: The Sunshine Act applies to Pennsylvania agencies, which include, but is not limited to, governing bodies, public schools, redevelopment agencies, and municipal authorities.
3. Requirements:
• Public Notice: Publication of the place, date, and time of a meeting in a newspaper of general circulation in accordance with the timing requirements set forth in Section 709 the Sunshine Act.  In some cases the purpose of a meeting also needs to be included in the public notice.
• Agendas: Under the Sunshine Act, the meeting agenda must be posted at least 24 hours in advance of the meeting and must be posted on the agency's website and posted at the location of the meeting and at the agency's principal office.
• Minutes:  Written meeting minutes, including date/time/place of meeting, attendees, substance of all official actions and record of each member's vote, and names of all citizens who appeared and the subject of testimony, must be kept.
• Permissible Closed Sessions: The Sunshine Act exempts executive sessions, conferences and certain working sessions from being open meetings.  Executive sessions may be held to discuss the following topics:
  • Discussing personnel matters;
  • Holding an information, strategy and negotiation session related to the negotiation of a collective bargaining agreement;
  • Considering the purchase or lease of real property;
  • Consulting with an attorney about active or pending litigation;
  • Discussing agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law;
  • Discussing certain academic matters (this reason is specifically limited to certain institutions of higher education); and
  • Discussing certain public safety issues if disclosure of the information discussed would be reasonably likely to jeopardize or threaten public safety or preparedness or public protection.

How It Affects Your Organization:

1. Compliance with Notice Requirements: Your organization must ensure that proper notice of meetings and agency business to be considered is provided in accordance with the Sunshine Act. This includes publishing notices and posting agendas in advance and making agendas available to the public.
2. Conducting Open Meetings: Meetings covered by the Act must be open to the public, allowing citizens to attend, observe, and participate as allowed.
3. Handling Closed Sessions: When conducting closed sessions, your organization must strictly adhere to the permissible exceptions outlined by the Sunshine Act.
4. Record-Keeping: Minutes of meetings must be accurately maintained and made available to the public.
5. Training and Awareness: Ensure that members of your organization are aware of the Sunshine Act requirements and are trained on how to comply with them.

How an Attorney Can Help:

1. Guidance on Compliance: An attorney can provide detailed guidance on how to comply with the Sunshine Act, ensuring your organization meets all legal requirements.
2. Notice Requirements: They can help you understand and implement the necessary notice requirements to avoid violations.
3. Permissible Closed Sessions: Attorneys can advise on when and how closed sessions can be conducted legally, ensuring that your organization does not inadvertently violate the Act.
4. Drafting Policies and Procedures: Attorney can assist in drafting policies and procedures that align with the Sunshine Act’s requirements, ensuring consistent compliance.
5. Training and Education: They can offer training sessions for your organization’s members, increasing awareness and understanding of the Sunshine Act.
6. Addressing Violations: If there are alleged violations of the Sunshine Act, an attorney can provide representation and help resolve any legal challenges.
   

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