Proposed changes would add clout to Sunshine Act
Some public agency boards in Pennsylvania routinely flout the spirit, if not the letter, of the state’s Sushine Act when they meet privately over matters that should be discussed in public.
Slippery Rock’s ongoing and unnecessary bulk trash debate — should meetings be public or private? — is just one example of a very loose interpretation of the act, says state Rep. Rick Saccone.
“I receive complaints often, and I’ve seen these things when I was on a school board myself,” Saccone said in a recent radio interview. “People go into executive session maybe under the guise of one subject and start talking about other subjects that really should be discussed in public.”
The Republican legislator from Allegheny County has proposed legislation that would tighten up several provisions in the Sunshine Act and further restrict use of executive sessions. House Bill 1671 was introduced Sept. 3 and referred to the State Government Committee.
Under the current act, public authorities like city councils and school boards can conduct executive sessions to discuss things like litigation, labor contracts, real estate transactions and other confidential information. Saccone says the list of exemptions is too permissive in allowing meetings shrouded from public view.
Personnel can be a catch-all issue, Saccone says, adding his amendment would restrict personnel discussion “to specific individual prospective, current or former employee.”
His proposal would require that executive sessions are recorded and the files kept for a year. The recordings would be used to help settle any challenges of the closed-door status of meetings.
Saccone’s bill adds one exception — discussions of security or emergency preparedness could be held out of the public eye.
Other amendments would require the officials to check with their solicitor before calling an executive session; and would give any member of the agency immunity from criminal liability if the member makes a good faith report of a violation of the law.
Penalties for violations — up to $1,000 fine for a first offense, $2,000 for subsequent offenses — would remain intact.
Saccone’s amendment upholds and enhances the original intent of the Sunshine Act: “to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon.”
Politically speaking, the light of day makes a highly effective disinfectant. It should be applied liberally and consistently.
