Pa. public officials cannot close meetings when it suits them
March 17, 2009
OPINION
By Michael Berry
An attorney with Levine Sullivan Koch & Schulz
Published in the Philadelphia Inquirer
This is National Sunshine Week, dedicated to celebrating the importance of open government and freedom of information. Sadly, though, here in the Philadelphia region, the forecast calls for clouds and closed government.
The Inquirer's "Heard in the Hall" feature recently included a stunning headline: "Council members hold private meeting to discuss public process." It reported that Philadelphia's City Council had met in secret to discuss whether to hold public budget meetings in the city's neighborhoods. Although the idea of meeting with people around the city is admirable, the decision to meet behind closed doors first threatened to undermine public confidence.
It was no isolated incident. The following week, Lower Merion's Board of Commissioners took the opposite approach: It met in public to discuss whether its budget committee should meet in private. Remarkably, the board's majority voted to bar the public from future budget committee meetings.
These two decisions by neighboring governments offer a glimpse into some officials' views on government transparency. They also show elected leaders ignoring the clear mandate of Pennsylvania's Sunshine Act.
In Philadelphia, City Council justified its closed meeting on the ground that it was discussing "administrative" matters. But those matters involved the city's budget crisis, and the Sunshine Act requires all such discussions to take place in public.
In Lower Merion, the government's position was even more convoluted. The majority assumed the Sunshine Act doesn't apply to the commissioners' "ad hoc" budget committee, because the committee only makes recommendations on the budget.
The Sunshine Act, however, applies to "all committees" that make "recommendations" and "render advice on agency business," such as the budget. And it requires all committee discussions to be public, whether or not a vote is taken. Simply slapping the label "ad hoc" on a committee doesn't give the board a license to violate the law.
The only thing more troubling than the legal gymnastics that our leaders employ to skirt the Sunshine Act is the dim view they take toward public participation. Some simply do not want us watching their actions or listening to their discussions.
When asked why City Council met in private, Council President Anna C. Verna said that "it never even occurred to me that it should be an issue." When Lower Merion citizens argued for open budget committee meetings, the commissioners worried that some of the committee's ideas might cause public uproar and lobbying.
These elected leaders seem to have forgotten that they derive their authority from the people. We cannot let them forget that.
Open government is a founding principle of our democracy. Leaders should always welcome public input and observation, particularly as we confront the greatest fiscal crisis in generations.
Municipal governments are discussing raising our taxes, cutting our services, and eliminating our programs. These are difficult discussions. But they are discussions that should include the public.
We are the ones paying the taxes and using the programs. We elected the City Council, the Board of Commissioners, and other officials throughout the region. And we must hold them accountable.
If our elected leaders continue to evade the law and try to shut us out, we need to push harder to be let in. It is our right under the law, and it's our duty as citizens.
By Michael Berry
An attorney with Levine Sullivan Koch & Schulz
Published in the Philadelphia Inquirer
This is National Sunshine Week, dedicated to celebrating the importance of open government and freedom of information. Sadly, though, here in the Philadelphia region, the forecast calls for clouds and closed government.
The Inquirer's "Heard in the Hall" feature recently included a stunning headline: "Council members hold private meeting to discuss public process." It reported that Philadelphia's City Council had met in secret to discuss whether to hold public budget meetings in the city's neighborhoods. Although the idea of meeting with people around the city is admirable, the decision to meet behind closed doors first threatened to undermine public confidence.
It was no isolated incident. The following week, Lower Merion's Board of Commissioners took the opposite approach: It met in public to discuss whether its budget committee should meet in private. Remarkably, the board's majority voted to bar the public from future budget committee meetings.
These two decisions by neighboring governments offer a glimpse into some officials' views on government transparency. They also show elected leaders ignoring the clear mandate of Pennsylvania's Sunshine Act.
In Philadelphia, City Council justified its closed meeting on the ground that it was discussing "administrative" matters. But those matters involved the city's budget crisis, and the Sunshine Act requires all such discussions to take place in public.
In Lower Merion, the government's position was even more convoluted. The majority assumed the Sunshine Act doesn't apply to the commissioners' "ad hoc" budget committee, because the committee only makes recommendations on the budget.
The Sunshine Act, however, applies to "all committees" that make "recommendations" and "render advice on agency business," such as the budget. And it requires all committee discussions to be public, whether or not a vote is taken. Simply slapping the label "ad hoc" on a committee doesn't give the board a license to violate the law.
The only thing more troubling than the legal gymnastics that our leaders employ to skirt the Sunshine Act is the dim view they take toward public participation. Some simply do not want us watching their actions or listening to their discussions.
When asked why City Council met in private, Council President Anna C. Verna said that "it never even occurred to me that it should be an issue." When Lower Merion citizens argued for open budget committee meetings, the commissioners worried that some of the committee's ideas might cause public uproar and lobbying.
These elected leaders seem to have forgotten that they derive their authority from the people. We cannot let them forget that.
Open government is a founding principle of our democracy. Leaders should always welcome public input and observation, particularly as we confront the greatest fiscal crisis in generations.
Municipal governments are discussing raising our taxes, cutting our services, and eliminating our programs. These are difficult discussions. But they are discussions that should include the public.
We are the ones paying the taxes and using the programs. We elected the City Council, the Board of Commissioners, and other officials throughout the region. And we must hold them accountable.
If our elected leaders continue to evade the law and try to shut us out, we need to push harder to be let in. It is our right under the law, and it's our duty as citizens.
