(The Center Square) – In December, a Pennsylvania Supreme Court decision ruled that with a majority vote, government entities could add anything to a meeting agenda without first offering public notice.
It’s a loophole created by what legislators say was a poorly written exception within the state’s 2021 Sunshine Act, a law intended to promote transparency in government.
The law, which received unanimous bipartisan approval in both chambers, requires government agencies to make agendas public at least 24 hours in advance, giving members of the public the chance to weigh in or attend meetings that impact their communities.
It offers a few exceptions – one for emergencies and those for “de minimis” or trivial matters that arise either during the course of the meeting or between the agenda’s posting and the meeting. That a majority vote could override the rule, legislators say, was intended to be employed in those circumstances, not to create an additional exception.
Two separate lawmakers, Democratic Rep. Robert Freeman of Easton and Republican Rep. Brad Roae of Meadville both circulated memos Tuesday signaling their intent to correct the loophole through clarifying legislation.
“These exceptions were meant to be limited in scope and importance, or to reflect emergency concerns,” wrote Roae.
“I believe this runs contrary to the intent of the rule and Sunshine Act to provide the public with a reasonable opportunity to be informed of upcoming matters to be discussed at meetings of their local municipality, school district, and Commonwealth agencies,” wrote Freeman.
With both seeking co-sponsors for their bills, it remains to be seen whether the two fronts will combine efforts to amend the law. In the meantime, the Supreme Court’s ruling remains the law of the land.
