SUNSHINE ACT - REPEALED — 1986 Pa. Act 84 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NOS. 317, 1155, 1859 PRINTER'S NO. 1910
INTRODUCED BY JUBELIRER, SHUMAKER, SHAFFER, HELFRICK, PETERSON,
MADIGAN, HOWARD, HOPPER, SALVATORE AND REIBMAN,
FEBRUARY 4, 1985
AS AMENDED ON THIRD CONSIDERATION, MARCH 11, 1986
AN ACT
1 Requiring public agencies to hold certain meetings and hearings
2 open to the public; and providing penalties.
3 TABLE OF CONTENTS
4 Section 1. Short title.
5 Section 2. Legislative findings and declaration.
6 Section 3. Definitions.
7 Section 4. Open meetings.
8 Section 5. Recording of votes.
9 Section 6. Minutes of meetings, public records and recording of
10 meetings.
11 Section 7. Exceptions to open meetings.
12 Section 8. Executive sessions.
13 Section 9. Public notice.
14 Section 10. Rules and regulations for conduct of meetings.
15 Section 11. Use of equipment during meetings.
16 Section 12. General Assembly meetings covered.
17 Section 13. Business transacted at unauthorized meeting void.
1 Section 14. Penalty.
2 Section 15. Jurisdiction and venue of judicial proceedings.
3 Section 16. Confidentiality.
4 Section 17. Repeal.
5 Section 18. Effective date.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Sunshine Act.
10 Section 2. Legislative findings and declaration.
11 (a) Findings.--The General Assembly finds that the right of
12 the public to be present at all meetings of agencies, and to
13 witness the deliberation, policy formulation and decisionmaking
14 of agencies, is vital to the enhancement and proper functioning
15 of the democratic process and that secrecy in public affairs
16 undermines the faith of the public in government and the
17 public's effectiveness in fulfilling its role in a democratic
18 society.
19 (b) Declarations.--The General Assembly hereby declares it
20 to be the public policy of this Commonwealth to insure the right
21 of its citizens to have notice of and the right to attend all
22 meetings of agencies at which any agency business is discussed
23 or acted upon as provided in this act.
24 Section 3. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Administrative action." The execution of policies relating
29 to persons or things as previously authorized or required by
30 official action of the agency adopted at an open meeting of the
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1 agency. The term does not, however, include the deliberation of
2 agency business.
3 "Agency." The body, and all committees thereof authorized by
4 the body to take official action or render advice on matters of
5 agency business, of all the following: the General Assembly, the
6 Executive Branch of the government of this Commonwealth,
7 including the Governor's Cabinet when meeting on official
8 policymaking business, any board, council, authority or
9 commission of the Commonwealth or of any political subdivision
10 of the Commonwealth or any State, municipal, township or school
11 authority, school board, school governing body, commission, the
12 boards of trustees of all State-aided colleges and universities,
13 the councils of trustees of all State-owned colleges and
14 universities, the boards of trustees of all State-related
15 universities and all community colleges, or similar
16 organizations created by or pursuant to a statute which declares
17 in substance that the organization performs or has for its
18 purpose the performance of an essential governmental function
19 and through the joint action of its members exercises
20 governmental authority and takes official action. The term does
21 not include a caucus nor a meeting of an ethics committee
22 created under rules of the Senate or House of Representatives.
23 "Agency business." The framing, preparation, making or
24 enactment of laws, policy or regulations, the creation of
25 liability by contract or otherwise, or the adjudication of
26 rights, duties and responsibilities, but not including
27 administrative action.
28 "Caucus." A gathering of members of a political party or
29 coalition which is held for purposes of planning political
30 strategy and holding discussions designed to prepare the members
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1 for taking official action in the General Assembly.
2 "Conference." Any training program or seminar, or any
3 session arranged by State or Federal agencies for local
4 agencies, organized and conducted for the sole purpose of
5 providing information to agency members on matters directly
6 related to their official responsibilities.
7 "Deliberation." The discussion of agency business held for
8 the purpose of making a decision.
9 "Emergency meeting." A meeting called for the purpose of
10 dealing with a real or potential emergency involving a clear and
11 present danger to life or property.
12 "Executive session." A meeting from which the public is
13 excluded, although the agency may admit those persons necessary
14 to carry out the purpose of the meeting.
15 "Litigation." Any pending, proposed or current action or
16 matter subject to appeal before a court of law or administrative
17 adjudicative body, the decision of which may be appealed to a
18 court of law.
19 "Meeting." Any prearranged gathering of an agency which is
20 attended or participated in by a quorum of the members of an
21 agency held for the purpose of deliberating agency business or
22 taking official action.
23 "Official action."
24 (1) Recommendations made by an agency pursuant to
25 statute, ordinance or executive order.
26 (2) The establishment of policy by an agency.
27 (3) The decisions on agency business made by an agency.
28 (4) The vote taken by any agency on any motion,
29 proposal, resolution, rule, regulation, ordinance, report or
30 order.
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1 "Public notice."
2 (1) For a meeting:
3 (i) Publication of notice of the place, date and
4 time of a meeting in a newspaper of general circulation,
5 as defined by 45 Pa.C.S. § 101 (relating to definitions),
6 which is published and circulated in the political
7 subdivision where the meeting will be held, or in a
8 newspaper of general circulation which has a bona fide
9 paid circulation in the political subdivision equal to or
10 greater than any newspaper published in the political
11 subdivision.
12 (ii) Posting a notice of the place, date and time of
13 a meeting prominently at the principal office of the
14 agency holding the meeting or at the public building in
15 which the meeting is to be held.
16 (iii) Giving notice to parties under section 9(c).
17 (2) For a recessed or reconvened meeting:
18 (i) Posting a notice of the place, date and time of
19 the meeting prominently at the principal office of the
20 agency holding the meeting or at the public building in
21 which the meeting is to be held.
22 (ii) Giving notice to parties under section 9(c).
23 "Special meeting." A meeting scheduled by an agency after
24 the agency's regular schedule of meetings has been established.
25 Section 4. Open meetings.
26 Official action and deliberations by a quorum of the members
27 of an agency shall take place at a meeting open to the public
28 unless closed under section 7, 8 or 12.
29 Section 5. Recording of votes.
30 In all meetings of agencies, the vote of each member who
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1 actually votes on any resolution, rule, order, regulation,
2 ordinance or the setting of official policy must be publicly
3 cast and, in the case of roll call votes, recorded.
4 Section 6. Minutes of meetings, public records and recording of
5 meetings.
6 Written minutes shall be kept of all open meetings of
7 agencies. The minutes shall include:
8 (1) The date, time and place of the meeting.
9 (2) The names of members present.
10 (3) The substance of all official actions, and a record
11 by individual member of the roll call votes taken.
12 (4) The names of all citizens who appeared officially
13 and the subject of their testimony.
14 Section 7. Exceptions to open meetings.
15 (a) Executive session.--An agency may hold an executive
16 session under section 8.
17 (b) Conference.--An agency is authorized to participate in a
18 conference which need not be open to the public. Deliberation of
19 agency business may not occur at a conference.
20 (c) Certain working sessions.--Boards of auditors may
21 conduct working sessions not open to the public for the purpose
22 of examining, analyzing, discussing and deliberating the various
23 accounts and records with respect to which such boards are
24 responsible, so long as official action of a board with respect
25 to such records and accounts is taken at a meeting open to the
26 public and subject to the provisions of this act.
27 Section 8. Executive sessions.
28 (a) Purpose.--An agency may hold an executive session for
29 one or more of the following reasons:
30 (1) To discuss any matter involving the employment,
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1 appointment, termination of employment, terms and conditions
2 of employment, evaluation of performance, promotion or
3 disciplining of any specific prospective public officer or
4 employee or current public officer or employee employed or
5 appointed by the agency, or former public officer or
6 employee, provided, however, that the individual employees or
7 appointees whose rights could be adversely affected may
8 request, in writing, that the matter or matters be discussed
9 at an open meeting. The agency's decision to discuss such
10 matters in executive session shall not serve to adversely
11 affect the due process rights granted by law, including those
12 granted by Title 2 of the Pennsylvania Consolidated Statutes
13 (relating to administrative law and procedure).
14 (2) To hold information, strategy and negotiation
15 sessions related to the negotiation or arbitration of a
16 collective bargaining agreement or, in the absence of a
17 collective bargaining unit, related to labor relations and
18 arbitration.
19 (3) To consider the purchase or lease of real property
20 up to the time an option to purchase or lease the real
21 property is obtained or up to the time an agreement to
22 purchase or lease such property is obtained if the agreement
23 is obtained directly without an option.
24 (4) To consult with its attorney or other professional
25 advisor regarding information or strategy in connection with
26 litigation or with issues on which identifiable complaints
27 are expected to be filed.
28 (5) To review and discuss agency business which if
29 conducted in public would violate a lawful privilege or lead
30 to the disclosure of information or confidentiality protected
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1 by law, including matters related to the initiation and
2 conduct of INVESTIGATIONS OF possible or certain violations <--
3 of the law and quasi-judicial deliberations.
4 (6) For duly constituted committees of a board or
5 council of trustees of a State-owned, State-aided or State-
6 related college or university or community college or of the
7 Board of Governors of the State System of Higher Education to
8 discuss matters of academic admission or standings.
9 (b) Procedure.--The executive session may be held during an
10 open meeting, at the conclusion of an open meeting, or may be
11 announced for a future time. The reason for holding the
12 executive session must be announced at the open meeting
13 occurring immediately prior or subsequent to the executive
14 session. If the executive session is not announced for a future
15 specific time, members of the agency shall be notified 24 hours
16 in advance of the time of the convening of the meeting
17 specifying the date, time, location and purpose of the executive
18 session.
19 (c) Limitation.--Official action on discussions held
20 pursuant to subsection (a) shall be taken at an open meeting.
21 Nothing in this section or section 7 shall be construed to
22 require that any meeting be closed to the public, nor shall any
23 executive session be used as a subterfuge to defeat the purposes
24 of section 4.
25 Section 9. Public notice.
26 (a) Meetings.--An agency shall give public notice of its
27 first regular meeting of each calendar or fiscal year not less
28 than three days in advance of the meeting and shall give public
29 notice of the schedule of its remaining regular meetings. An
30 agency shall give public notice of each special meeting or each
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1 rescheduled regular or special meeting at least 24 hours in
2 advance of the time of the convening of the meeting specified in
3 the notice. Public notice is not required in the case of an
4 emergency meeting or a conference. Professional licensing boards
5 within the Bureau of Professional and Occupational Affairs of
6 the Department of State of the Commonwealth shall include in the
7 public notice each matter involving a proposal to revoke,
8 suspend or restrict a license.
9 (b) Notice.--With respect to any provision of this act that
10 requires public notice to be given by a certain date, the
11 agency, to satisfy its legal obligation, must give the notice in
12 time to allow it to be published or circulated within the
13 political subdivision where the principal office of the agency
14 is located or the meeting will occur before the date of the
15 specified meeting.
16 (c) Copies.--In addition to the public notice required by
17 this section, the agency holding a meeting shall supply, upon
18 request, copies of the public notice thereof to any newspaper of
19 general circulation in the political subdivision in which the
20 meeting will be held, to any radio or television station which
21 regularly broadcasts into the political subdivision and to any
22 interested parties if the newspaper, station or party provides
23 the agency with a stamped, self-addressed envelope prior to the
24 meeting.
25 (d) Meetings of General Assembly in Capitol Complex.--
26 Notwithstanding any provision of this section to the contrary,
27 in case of sessions of the General Assembly, all meetings of
28 legislative committees held within the Capitol Complex where
29 bills are considered, including conference committees, all
30 legislative hearings held within the Capitol Complex where
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1 testimony is taken, and all meetings of legislative commissions
2 held within the Capitol Complex, the requirement for public
3 notice thereof shall be complied with if, not later than the
4 preceding day:
5 (1) The supervisor of the newsroom of the State Capitol
6 Building in Harrisburg is supplied for distribution to the
7 members of the Pennsylvania Legislative Correspondents
8 Association with a minimum of 30 copies of the notice of the
9 date, time and place of each session, meeting or hearing.
10 (2) There is a posting of the copy of the notice at
11 public places within the Main Capitol Building designated by
12 the Secretary of the Senate and the Chief Clerk of the House
13 of Representatives.
14 (e) Announcement.--Notwithstanding any provision of this act
15 to the contrary, committees may be called into session in
16 accordance with the provisions of the Rules of the Senate or the
17 House of Representatives and an announcement by the presiding
18 officer of the Senate or the House of Representatives. The
19 announcement shall be made in open session of the Senate or the
20 House of Representatives.
21 Section 10. Rules and regulations for conduct of meetings.
22 Nothing in this act shall prohibit the agency from adopting
23 by official action the rules and regulations necessary for the
24 conduct of its meetings and the maintenance of order. The rules
25 and regulations shall not be made to violate the intent of this
26 act.
27 Section 11. Use of equipment during meetings.
28 (a) Recording devices.--Except as provided in subsection
29 (b), a person attending a meeting of an agency shall have the
30 right to use recording devices to record all the proceedings.
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1 Nothing in this section shall prohibit the agency from adopting
2 and enforcing reasonable rules for their use under section 10.
3 (b) Rules of the Senate and House of Representatives.--The
4 Senate and House of Representatives may adopt rules governing
5 the recording or broadcast of their sessions and meetings and
6 hearings of committees.
7 Section 12. General Assembly meetings covered.
8 Notwithstanding any other provision, for the purpose of this
9 act, meetings of the General Assembly which are covered are as
10 follows: All meetings of committees where bills are considered,
11 all hearings where testimony is taken and all sessions of the
12 Senate and the House of Representatives. Not included in the
13 intent of this act are caucuses or meetings of any ethics
14 committee created pursuant to the Rules of the Senate or the
15 House of Representatives.
16 Section 13. Business transacted at unauthorized meeting void.
17 A legal challenge under this act shall be filed within 30
18 days from the date of a meeting which is open, or within 30 days
19 from the discovery of any action that occurred at a meeting
20 which was not open at which the act was violated, provided that
21 in the case of a meeting which was not open, no legal challenge
22 may be commenced more than one year from the date of said
23 meeting. The court may enjoin any challenged action until a
24 judicial determination of the legality of the meeting at which
25 the action was adopted is reached. Should the court determine
26 that the meeting did not meet the requirements of this act, it
27 may in its discretion, find that any or all official action
28 taken at the meeting shall be invalid. Should the court
29 determine that the meeting met the requirements of this act, all
30 official action taken at the meeting shall be fully effective.
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1 The court may impose attorney fees for legal challenges
2 commenced in bad faith.
3 Section 14. Penalty.
4 Any member of any agency who participates in a meeting with
5 the intent and purpose by that member of violating this act
6 commits a summary offense and shall, upon conviction, be
7 sentenced to pay a fine not exceeding $100 plus costs of
8 prosecution.
9 Section 15. Jurisdiction and venue of judicial proceedings.
10 The Commonwealth Court shall have original jurisdiction of
11 actions involving State agencies and the courts of common pleas
12 shall have original jurisdiction of actions involving other
13 agencies to render declaratory judgments or to enforce this act,
14 by injunction or other remedy deemed appropriate by the court.
15 The action may be brought by any person where the agency whose
16 act is complained of is located or where the act complained of
17 occurred.
18 Section 16. Confidentiality.
19 All acts and parts of acts are repealed insofar as they are
20 inconsistent herewith, excepting those statutes which
21 specifically provide for the confidentiality of information.
22 Those deliberations or official actions which if conducted in
23 public would violate a lawful privilege or lead to the
24 disclosure of information or confidentiality protected by law,
25 including matter related to the investigation of possible or
26 certain violations of the law and quasi-judicial deliberations,
27 shall not fall within the scope of this act.
28 Section 17. Repeal.
29 THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED: <--
30 ACT OF JULY 21, 1957 (P.L.392, NO.213), ENTITLED, AS AMENDED,
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1 "AN ACT REQUIRING THAT MEETINGS OF THE GOVERNING BODIES OF
2 POLITICAL SUBDIVISIONS AND OF CERTAIN AUTHORITIES AND OTHER
3 AGENCIES PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS SHALL BE
4 OPEN TO THE PUBLIC; REQUIRING PUBLIC NOTICE OF SUCH MEETINGS;
5 AND PRESCRIBING PENALTIES."
6 The act ACT of July 19, 1974 (P.L.486, No.175), entitled "An <--
7 act requiring public agencies to hold certain meetings and
8 hearings open to the public and providing penalties," is <--
9 repealed. PENALTIES." <--
10 Section 18. Effective date.
11 This act shall take effect in six months.
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