
For the foreseeable future, community members will have less reliable information about what will be discussed at local meetings due to the Pennsylvania Supreme Court’s interpretation of the Sunshine Act.
The Sunshine Act is the law in Pennsylvania that guides local government on how to conduct its meetings so that the public can be engaged and informed of local happenings.
Until late last year, local leaders had to publish notice of their meeting agendas at least 24 hours before any public meetings. This was to ensure that community members would be informed of what was being discussed and, if applicable, voted on. This standard is important so that people who want to provide comments can prepare in advance and provide meaningful input on proposals.
Last November, the PA Supreme Court eased the 24-hour rule and, by doing so, limited transparency in our government. Now, instead of being able to act only on topics posted in advance, local elected officials can vote during the meeting to add new items for discussion or votes.
In this scenario, even the most prepared citizen would not be able to give a meaningful comment on happenings in their community because they didn’t know what would be discussed. Additionally, it makes it hard for a community member to know which meetings to attend. Our time is valuable, and most people cannot attend every single local meeting where decisions are made. Sometimes these meetings are held during work hours, so people who want to participate may have to take time off. Without the 24-hour rule, a community member will have to attend every meeting to give a comment on the issues they care about, or risk missing out.
However, our state legislature is working on a fix for this issue. If the bill passes, local governments will only be allowed to add items to the agenda during the meeting under four circumstances: 1) in emergency circumstances, 2) for small matters that were brought up between publication of notice and the meeting, 3) small matters brought up by residents at the meeting, and 4) minor administrative approvals. CCJ is monitoring the bill and will keep our members informed of any updates to the law.