From the PNA Legal Hotline

By Teri Henning, General Counsel
and Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A borough held an unadvertised special meeting and voted to create a contract during
the meeting. Does Sunshine Act automatically void the contract because the meeting was
not properly advertised?

A: No. The Sunshine Act does not automatically void official action taken in violation
of the act. There must first be a legal challenge (lawsuit) filed with the appropriate court,
and the court must find that a violation occurred.

Section 713 of the Sunshine Act allows a legal challenge to be filed within 30 days from
the date of a meeting which is open, or within 30 days from the discovery of any meeting
or action taken in contravention of the act provided that a legal challenge must be filed no
later then one year from the date the alleged violation occurred. If a court determines
that the meeting violated the act, it may declare any or all official action taken at the
meeting invalid.