Amendment: Open meetings directed by publicized agenda
An update to Pennsylvania's open-meetings law, which goes into effect Aug. 29, will require government agencies to provide more notice of what they will consider — and limit what they can consider — to only what was on the publicized agenda.
Senate Bill 554, signed into law June 30 by Gov. Tom Wolf, amends the Sunshine Act to require municipalities and school boards, among other local government agencies, to post its agenda on its website at least 24 hours ahead of any meeting, to detail each matter of business the agency will discuss and to limit its official actions to those detailed on the agenda, with some exceptions.
Agencies that do not have publicly accessible websites must still comply with other provisions of the new law, which include posting the meeting agenda at both the location of the meeting and the agency's principal office, as well as making copies of the agenda available to those in attendance. These provisions do not apply to conference or work sessions, nor do they apply to executive sessions.
The action-limitation provision forbids agencies from taking official action on items not on the agenda except in four circumstances: emergency business, business arising within 24 hours before the meeting, business arising during the meeting and when the agency announces its reasons for changing the agenda and adds an item by majority vote.
Under the emergency business exception, the political subdivisions can take action at meetings “relating to a real or potential emergency involving a clear and present danger to life or property,” regardless of whether the emergency item was on an agenda.
Similarly, the 24-hour exception allows agencies to take action so long as the matter arose or was brought to their attention within one day of the meeting, and if it does not involve spending funds or entering into a contract or agreement.
Agencies may take action on items brought to their attention by a resident or taxpayer during a meeting, so long as it is either referring the matter to staff for researching the matter or including it on a future meeting agenda, or if it doesn't include spending funds or entering into an agreement.
The agenda-adding vote is more complex. That exception allows agencies to add items to their agenda so long as they announce the reason to add the item to their agenda, then take a vote on adding it.
If a majority of those present approve adding an item to the agenda, it can then be considered. Afterward, the agency must post the amended agenda to its website and at its principal office location within one business day.
For some municipalities, these provisions won't change much, although future guidance may change how they operate with respect to agenda-posting and votes off the floor.
“My advice on this one would be: let's keep it the way we're doing it,” Harmony solicitor Matt Racunas said at Tuesday's meeting. “I think Harmony, we're very transparent, so I'm not really worried about people claiming we're violating the Sunshine Act and we're doing things behind closed doors.”
Racunas did add one caveat, particularly to the requirement for agencies to list the items on which they'll take action.
“Obviously, this is something that's brand new, so there's no guidance on it,” he said. “We have to interpret it ourselves, until some court tells us whether it's detailed enough.”
Other municipalities, however, may have more questions. Adams Township, for instance, holds an agenda-setting meeting one hour before its board of supervisors meetings. Township manager Gary Peaco did not return a phone call seeking comment.
