The Sunshine Act is a Pennsylvania law that enforces government transparency and the democratic process by protecting the rights of the public to attend and participate in meetings where officials are deliberating and making decisions.

The Sunshine Act gives all of us the ability to support government transparency: any member of the public can object to government proceedings that violate the Sunshine Act.

This post explains the purpose of the Sunshine Act, what should happen in government decision-making under the Sunshine Act, and our rights as members of the public under the Sunshine Act.

Table of Contents

• The Basics of the Sunshine Act

• Entities Subject to the Sunshine Act

• Open Public Meetings for Deliberation & Official Action

• Advance Notice of Public Meetings

• Agendas

• Meeting Minutes

• Recording Public Meetings (and where to access the recordings)

• Reasons for Closed Meetings

• What to Do if the Sunshine Act is Violated

• How Frequently Do Local Entities Violate the Sunshine Act?

The Basics of the Sunshine Act

Purpose of the Sunshine Act

What entities are subject to the Sunshine Act?

Entities subject to the Sunshine Act include:

• local government bodies and all sub-units (councils, committees, commissions, authorities, boards)

• state government bodies and and all sub-units

• school boards

Open Public Meetings for Deliberation & Official Action

Entities subject to the Sunshine Act must deliberate and make recommendations, decisions, votes, motions, etc. in meetings that are open to the public. This means that members of the public can access the meeting.

Official actions cannot be taken during closed meetings - official actions must be taken in open, public meetings.

During these public meetings, there must be time that members of the public can make comments and ask questions. Elected officials are not required to provide answers to questions, though it shows goodwill for them to do so.

The public meeting requires a quorum, or minimum number of voting members, be present in order to conduct business.

Members of the entity may participate in meetings by phone or video conference.

However, in boroughs like Wyomissing and West Reading, voting members must be physically present to count towards quorum. If a quorum of voting members is physically present, additional members may participate remotely.

Members may communicate with the public about upcoming official business outside of public meetings (ex. by email, phone, social media, etc.) However, members discussing upcoming official business privately in advance of a vote or decision is a violation of the Sunshine Act.

Advance Notice of Public Meetings

Regularly scheduled public meetings must provide at least 3 days advance notice to the public. The notice must include the date, time, and location of the meetings. The notice must be printed in a paid newspaper and posted at the meeting location.

Special or rescheduled public meetings must provide at least 24 hours advance notice. The notice must include the date, time, and location of the meetings. The notice must be printed in a paid newspaper and posted at the meeting location.

It is good practice for notices to include the purpose of the meeting, especially special meetings.

Public Meeting Agendas

Senate Bill 554 from 2021 amended the Sunshine Act, providing specific requirements for public meeting agendas.

The agenda must detail each subject for deliberation or official action. Agenda items must be reasonably specific, to convey to the public what will be discussed or what action will be taken.

The agenda must be posted to the entity’s website at least 24 hours in advance of the public meeting. The agenda must also be posted at the location of the meeting, and at the entity’s principal office.

Public meeting agendas cannot be significantly changed less than 24 hours before the meeting. Minimal changes can be made, which require notifying those in attendance of the reason for the agenda change. However, official actions involving the expenditure of funds or entering contracts cannot be added to agendas within the 24-hour window before the meeting.

Copies of the agenda should be available to individuals attending the meeting.

Public Meeting Minutes

Entities must keep minutes of public meetings. Minutes must include:

• time, date, location of meeting

• names of members present

• substantive information about official action

• record of individual votes

• names of citizens who appeared officially and provided public comment

Recording Public Meetings

The public may record public meetings using audio or video recorders, without advance notice. The chair of the meeting may, however, wish to inform the public at the start of the meeting that the meeting is being recorded.

Entities may, within reason, issue rules regarding recording devices use to minimize disruption to meetings.

Reasons for Closed Meetings

No official action may be taken in a closed meeting.

Meetings may be closed for executive session to:

• discuss personnel matters

• discuss, strategize, or negotiate a collective bargaining agreement

• discuss real estate lease or purchase

• consult a lawyer regarding active or pending litigation

• maintain lawful privilege or safeguard legally protected information and confidentiality

• discuss certain public safety concerns, if public discussion is reasonably likely to jeopardize the public

• act as purely informational sessions for members (either collecting information or educating members)

Entities must announce a reason for the executive session during a public meeting before or directly after the executive session occurs.

What to Do if the Sunshine Act is Violated

Members of the public can also file legal challenges with the Court of Common Pleas within 30 days of perceived violations of the Sunshine Act by local agencies.

If the perceived violation occurred in a closed meeting, the legal challenge must be filed within 30 days of discovery, and no more than one year after the meeting was held.

The person making a legal claim bears the burden of proof.

How Frequently Do Local Entities Violate the Sunshine Act

The Pennsylvania News Media Association and a Beaver Valley Times opinion piece, to name a few, assert that local elected officials regularly disregard the provisions of the Sunshine Act, as well as the members of the public who use the Sunshine Act to hold them accountable to legal mandates for transparency.

For this reason, these publications say, it is imperative that elected officials actively adhere to the requirements of the Sunshine Act, and that members of the public hold elected officials accountable to violations of the Sunshine Act.