SUNSHINE ACT

The Pennsylvania Sunshine Act requires that certain government officials conduct their decision making at public meetings. Officials and bodies regulated by the Act include the General Assembly, the Governor's cabinet, all of the executive agencies of the Commonwealth, all township, city, and borough boards, school boards, and the boards of state universities and community colleges.

The Sunshine Act requires that government bodies give notice of their meetings in local newspapers and that written minutes of the meetings be recorded. Members of the public may make audio or video recordings of public proceedings, except those held in the Senate and House of Representatives. Residents and taxpayers affected by government decision making are entitled to participate in public meetings during mandatory public comment periods.

Government bodies may meet in closed "executive session" to discuss employment issues and collective bargaining, litigation with professional advisors, legally confidential matters such as upcoming criminal investigations, and preliminary issues on purchasing or leasing real property. Any official action taken in connection with the matters discussed at executive sessions must be taken at a public meeting. Pennsylvania courts may set aside decisions made by government bodies in violation of the Act, and they have the power to award legal fees to litigants who prove that a government body's violation of the Act was willful or wanton.

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