Opinion: Sunshine Act remains abysmally ineffective
April 15, 2009
OPINION
[Chambersburg] Public Opinion
Chambersburg Borough Council this week demonstrated a compelling reason to amend Pennsylvania's Sunshine Act so that it might actually cause municipal officials to think twice before concealing deliberations that should be public.
Council members on Monday conducted a closed executive session near the outset of a public meeting to "discuss a personnel matter," as listed on the meeting agenda. But instead of talking about a specific individual, they mulled a general change in hiring procedure.
Discussion of potential, current or former employees is quite properly exempt from the public arena. But proposed changes in hiring policy -- in this case, to address a valid need for bilingual police officers and firefighters -- are absolutely matters of public interest.
Borough officials acknowledged the problem on Tuesday, after Public Opinion specifically cited the relevant clause in the Sunshine Act. They implied ignorance of the distinction, called Monday's action a mistake, and promised not to do it again.
Based on our collective experience in other parts of the state, this sort of thing happens more often than one might expect, because municipal officials have little reason to fear getting caught.
Sunshine Act violations are summary offenses punishable, upon conviction, by a $100 fine plus court costs. Furthermore, one has to successfully sue for that conviction, which requires a front end investment in attorney fees recoverable only if you win the case.
That degree of cost and risk amounts to a significant practical deterrent to pursuit of sanctions that might not even be felt.
The state went through a good bit of bother last year to enact its new Right-To-Know Law, a historic reversal of the state's longtime presumption that official records are closed unless proven otherwise.
But increasing access to public records only represents half the transparency equation, at best.
Allowing the state's Sunshine Act to remain toothless and ineffective will continue to leave citizens grasping at the hows and whys of official decisions.
Our Legislature needs to strengthen the Sunshine Act as soon as possible.
-- By Matthew Major, on behalf of Public Opinion's editorial board
[Chambersburg] Public Opinion
Chambersburg Borough Council this week demonstrated a compelling reason to amend Pennsylvania's Sunshine Act so that it might actually cause municipal officials to think twice before concealing deliberations that should be public.
Council members on Monday conducted a closed executive session near the outset of a public meeting to "discuss a personnel matter," as listed on the meeting agenda. But instead of talking about a specific individual, they mulled a general change in hiring procedure.
Discussion of potential, current or former employees is quite properly exempt from the public arena. But proposed changes in hiring policy -- in this case, to address a valid need for bilingual police officers and firefighters -- are absolutely matters of public interest.
Borough officials acknowledged the problem on Tuesday, after Public Opinion specifically cited the relevant clause in the Sunshine Act. They implied ignorance of the distinction, called Monday's action a mistake, and promised not to do it again.
Based on our collective experience in other parts of the state, this sort of thing happens more often than one might expect, because municipal officials have little reason to fear getting caught.
Sunshine Act violations are summary offenses punishable, upon conviction, by a $100 fine plus court costs. Furthermore, one has to successfully sue for that conviction, which requires a front end investment in attorney fees recoverable only if you win the case.
That degree of cost and risk amounts to a significant practical deterrent to pursuit of sanctions that might not even be felt.
The state went through a good bit of bother last year to enact its new Right-To-Know Law, a historic reversal of the state's longtime presumption that official records are closed unless proven otherwise.
But increasing access to public records only represents half the transparency equation, at best.
Allowing the state's Sunshine Act to remain toothless and ineffective will continue to leave citizens grasping at the hows and whys of official decisions.
Our Legislature needs to strengthen the Sunshine Act as soon as possible.
-- By Matthew Major, on behalf of Public Opinion's editorial board
