“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”
—Louis D. Brandeis
On January 31, 2024, the Pennsylvania House of Representatives enacted a resolution designating the week of March 10 through 16, 2024, as “Sunshine Week.”
“Sunshine Week” was established in 2005 by the American Society of News Editors “to illustrate the importance of open government and public access to government records and meetings…” Sunshine Week has been supported by a broad array of groups, including civic organizations, public interest societies, and individual citizens of the Commonwealth, promoting openness in government and public access to official documents and meetings. The week coincides with James Madison’s birthday on March 16th, to honor the drafter of our Constitution and the ideals enshrined in our Bill of Rights.
In 1998, the Pennsylvania General Assembly enacted the Sunshine Act with the goal of instilling “public confidence in government” by codifying “laws relating to open meetings, ethical standards and financial disclosure and lobbying regulation and disclosure”. The Act states that it is the public policy of the Commonwealth to ensure that the public has notice and the right to be present at meetings, because, “to witness the deliberation, policy formulation and decision making of agencies is vital to the enhancement and proper functioning of the democratic process.”
The Act requires municipalities to hold public and open meetings, with proper notice. While there are some exceptions that allow for confidential discussions of certain issues in non-public executive sessions, official action by taking a vote must be made at an open and public meeting. And, as a general rule, a political subdivision must provide “a reasonable opportunity” at regular meetings for the public “to comment on matters of concern”. Municipalities must take care to follow the mandates of the Act; otherwise, serious consequences can result. Any business transacted in violation of the Act are deemed invalid. Also, penalties may be imposed.
Another important law that promotes transparency in government is the Pennsylvania “Right to Know Law,” which designates any record in possession of local government as “public,” unless exempt for the limited reasons stated in the statute. A person may request access to public records pursuant to the process that requires a timely response and remedy if the request is improperly denied.
These laws provide the statutory framework for local government to ensure openness and transparency in conducting the affairs of the people. The attorneys at Siana Law strongly support Sunshine Week and stand ready to assist municipal officials achieve these goals.
Theodore T. Speedy | Christopher P. Gerber | Areas of Practice | Contact Us
Citations in Order of Appearance: Regular Session 2023-2024, House Resolution 298, January 31, 2024; See, 65 Pa.C.S.A. § 701 et. seq.; See, 65 Pa.C.S.A. § 702; 65 Pa.C.S.A. § 702; 65 Pa.C.S.A. § 704, 709; 65 Pa.C.S.A. § 707, 708; 65 Pa.C.S.A. § 703; 65 Pa.C.S.A. § 710.1(a); 65 Pa.C.S.A. § 713; 65 Pa.C.S.A. § 714; 65 P.S. § 67.101 et. seq.
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