Sunshine Act and Open Meetings

The Sunshine Act requires that official actions and deliberations of covered government bodies take place at meetings open to the public. In Pennsylvania the law applies to agencies with authority to take official action or make recommendations on matters of agency business, such as City Council, school boards and many city boards and commissions. This article is general information, not legal advice.^[1]

1 Core requirements

A covered body must hold its meetings where the public can attend, give advance public notice of regular meetings (generally at least three days) and of special meetings (generally 24 hours), post notices at its principal office and, where it maintains a website, online, and keep written minutes recording who attended, what votes were taken and how members voted. Official action, such as voting to approve a contract, must occur in public. A quorum of members cannot deliberate agency business in private except in the narrow circumstances the law allows, which is why gathering a majority at an informal meeting can raise legal questions. Minutes are public records under the Right-to-Know Law.

2 Executive sessions

The Act allows closed-door "executive sessions" only for specified purposes, including personnel matters, collective bargaining strategy, certain real estate transactions, attorney-client consultation about litigation, and confidential information protected by law. The body must announce the reason for the session before or after it, and official action on the matters discussed must still be taken in public. See Public Sector Bargaining in Pennsylvania for why labor negotiations often involve closed discussions.

3 Public comment

Since a 2021 amendment, Pennsylvania law requires covered bodies to provide a reasonable opportunity for residents to comment on matters of concern, official action or deliberation before a vote on the matter, though bodies may set reasonable rules such as time limits and sign-up procedures. Some bodies hold comment at the start of meetings. See How to Testify at City Council for the rules specific to Council.

4 Philadelphia in practice

Council meets in public in City Hall and posts agendas and video; its committees hold public hearings; see Council Committees and the Legislative Process. Boards that decide residents' cases, such as the Zoning Board of Adjustment and the Philadelphia Historical Commission, publish agendas and hold public hearings. The Board of Education and authorities such as the Philadelphia Housing Authority and SEPTA also fall under the Act. Some bodies are exempt or only partly covered, for example the Mayor's office and individual officials acting alone; meetings of a single official are not "agency" meetings.

5 Enforcement

A person who believes an agency violated the Act can file suit in the Court of Common Pleas, generally within 30 days of the violation (or 30 days after discovering it, if it was concealed, up to a limit). A court can invalidate action taken in violation, order compliance, and impose a fine and attorney fees in some cases. The Act has criminal penalties for intentional violations. The Pennsylvania Office of Open Records does not hear Sunshine Act complaints; it handles Right-to-Know appeals. Residents can also raise concerns with their council member; see How to File a Complaint.

See also: Open Data and Transparency Tools, Registered Community Organizations, Good Government Groups.

References

1. Pennsylvania Sunshine Act, 65 Pa.C.S. 701-716, as amended (legis.state.pa.us).
2. Pennsylvania Office of Open Records, "Sunshine Act" guidance (openrecords.pa.gov); Pennsylvania Newsmedia Association, Sunshine Act summaries.
3. Philadelphia City Council, legislative information and meeting notices (phlcouncil.com).