NORRISTOWN — State Rep. Mike Vereb (R-150th of Montgomery County) has announced plans to introduce legislation aimed at strengthening the state’s Sunshine Act — even as far as calling for jail time for the most egregious offenders. News in recent weeks has revealed a troubling reality for some lawmakers — that the act has no teeth, giving way to disregard and even abuse by politicians. Read More…

NORRISTOWN — In the wake of the leak surrounding Montgomery County commissioners and alleged Sunshine law violations, as a year-end wrap-up, The Times Herald looks back at the outcomes such news has had on the public persona, and of the men in question. It all started from a tip, and the reporter from The Times Herald, who followed that tip, knew it would lead her right to Joe Hoeffel and Jim Matthews, the media’s now-dubbed “Breakfast Club.” Read More…

A state audit concluded that 19 contracts awarded by the Pennsylvania Gaming Control Board violated the open-meeting law. This is just one more indication that the law requiring the public's business to be conducted in public has no teeth.
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HUNTINGDON - A citizens group contends that the Huntingdon Area School District has violated the Pennsylvania Sunshine Act over the proposed closing of two elementary schools. Read More…

The relatively new Gaming Control Board is all too prone to the same old Harrisburg business-as-usual practices that make Pennsylvania the "State of Corruption." The board violated the state's Sunshine Act 19 times while approving 23 professional services contracts, worth $7 million-plus, without public votes from 2006-09, according to a new state audit. Read More…

Gambling advocates in the state administration and Legislature proclaimed before, during and after they created the state's casino industry, and again when expanding it to include table games, that Pennsylvania would have the most transparent and accountable gambling regulation of any state. Now, with the state government all in, the promises have turned out to be quite a bluff. Read More…

The state's gambling board has a penchant for secrecy, and Auditor General Jack Wagner and Treasurer Robert McCord want it to open up to the public. Read More…

SUGAR NOTCH – Council cancelled a meeting Saturday night after one of the members said it violated the state Sunshine Act. The 6 p.m. session at the municipal building had not been advertised and was called to discuss the 2011 budget, said Councilman Mario Fiorucci. He said he objected to the special meeting and five other council members, the mayor, secretary and treasurer who showed up walked out.
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State Auditor General Jack Wagner on Wednesday accused the Pennsylvania Gaming Control Board of violating state law by allowing millions of dollars in contracts to be executed without approving them at public meetings, although the board contended it was not required to do so. "We think the law is pretty darn clear," Wagner told reporters in a news conference to release an audit of the six-year-old agency responsible for licensing and regulating the state's casino industry. Read More…

Montgomery County officials have been subpoenaed to appear before a grand jury investigating accusations that two commissioners violated the state Sunshine Act, according to anonymous sources. The District Attorney’s Office declined to comment on grand jury involvement in the case or whether prosecutors were looking into pay-to-play allegations that have dogged Republican Commissioner Chairman James R. Matthews for nearly a year. Read More…

WILKES-BARRE – A Luzerne County judge this week dismissed a lawsuit filed against Exeter borough and its council that claimed council violated the state Sunshine Act in April during a meeting on zoning issues related to the then-proposed Walmart store. Read More…

NORRISTOWN — The chairmen of both of Montgomery County’s political affiliates rarely agree on much, but they found common ground Wednesday in rebuking the so-called “Breakfast Club” meetings recently uncovered by The Times Herald. Asked to opine on whether the secret meetings of Montgomery County commissioners Joe Hoeffel and Jim Matthews at the Jem Restaurant on Tuesday mornings stood the test of legality, Montgomery County GOP Chairman Bob Kerns said these meetings only reiterated doubts he had years ago. Read More…

COURTHOUSE — Montgomery County officials have been subpoenaed to appear before a grand jury investigating accusations that two commissioners violated the state Sunshine Act, according to anonymous sources. The District Attorney’s Office declined to comment on grand jury involvement in the case or whether prosecutors were looking into pay-to-play allegations that have dogged Republican Commissioner Chairman James R. Matthews for nearly a year. Read More…

Luzerne County Controller Walter Griffith said he is exploring a possible legal action or complaint against county commissioners alleging that they violated the state Sunshine Act. Griffith said he has evidence that all three commissioners met behind closed doors on Nov. 24 to discuss formulation of the county’s proposed 2011 budget. The Sunshine Act says deliberation by a quorum of an agency must occur at a public meeting unless it meets certain exceptions, such as discussions about some personnel issues, contract negotiations, property lease/purchases and litigation. Read More…

NORRISTOWN — Two of three Montgomery County commissioners have been meeting on Tuesdays before the regular 10 a.m. county commissioners regular agenda meeting, a Times Herald reporter recently observed. The Jem Restaurant, located across the street from the Hillcrest Plaza Shopping Center at Swede Street and Germantown Pike, is typically bustling at 8:45 a.m. Some regular faces can be seen during that time, namely those of Montgomery County Commissioners’ Chairman Jim Matthews and Vice Chairman Joe Hoeffel.
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COURTHOUSE — Two Montgomery County Commissioners denied discussing county business together in an East Norriton restaurant on two separate occasions recently, though a woman reportedly overheard them talking about official government matters and took notes. Read More…

NORRISTOWN – The `Breakfast Club,’ as they’ve been dubbed, usually meet Tuesday mornings before the regular 10 a.m. county commissioners meeting, a Times Herald reporter recently observed. As coffee cups swing in waitresses’ hands, the buzz of morning chatter often drowns out the diner doo wop, but every so often the nature of things allows for a break in the babble, and a sampling of conversations can be heard. Some regular faces can be seen during that time, namely those of Montgomery County Commissioners’ Chairman Jim Matthews and Vice Chairman Joe Hoeffel. Read More…

As a long-time advocate for open government, I applaud the Pennsylvania Supreme Court’s decision in Alekseev v. City Council of the City of Philadelphia. As a former school board president, however, I see why some might find it a bit naive. Read More…

Who knew that all that "We the people" stuff could be so easily forgotten just a few blocks from where it started? Thanks to a recent court ruling, Philadelphia's commoners will now have an opportunity to speak at regular meetings of the City Council. But it took nothing less than the highest court in the Commonwealth - overruling more than a half-century of backward practice, two lower courts, and a dissent by three of its seven justices (including the court's two Philadelphians, Chief Justice Ronald D. Castille and Justice Seamus P. McCaffery) - to bring this revolutionary concept into our own house of lords. Read More…

In this age where everyone has a camera, where every part of our daily lives seems to wind up on the Internet and where the presence of a camera is barely noticed, we were surprised to discover two incidents this past week where a government body has tried to restrict the use of recording equipment at their meetings. Read More…

At last week’s Colwyn Borough Council meeting, Council President Tonette Pray announced that no one would be allowed to take photographs at any meeting of the council without prior authorization. Her decision was explained by the borough’s solicitor, who said that cameras and picture-taking would distract council members from their business. I present the theory that council itself is a distraction from the proper governance of the town and its business. Read More…

WILKES-BARRE - Luzerne County Commissioner Chairwoman Maryanne Petrilla explained Thursday why she secretly signed an agreement Aug. 11 to hire legal counsel for a lawsuit over the Scranton/Wikes-Barre Yankees. "We were directed by our attorneys not to tip our hands," Ms. Petrilla said. "We wanted to protect the taxpayers' interest in the franchise and not publicize anything." Read More…

Let the people speak! So ruled the Pennsylvania Supreme Court on Thursday, outlawing City Council's ban on public comments at regular Council meetings. The court ruled, 4-3, that Council was in violation of the state's 1993 Sunshine Act, which requires "a reasonable opportunity" for residents and taxpayers at meetings "to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action." Read More…

HARRISBURG, Pa. (AP) — The Philadelphia City Council must allow direct public comment on matters under its consideration and may not simply divert those comments to committee meetings, a divided Pennsylvania Supreme Court ruled. Read More…

Sinking Spring Borough Council may have violated the Pennsylvania Sunshine Act earlier this month when council members met privately to discuss what was described as a personnel issue and then returned to a public session to request the resignation of the mayor. Read More…

Elco School Board committed an apparent violation of the state Sunshine Act when it hired special counsel to handle an investigation into the district's alleged overpayment by the Lebanon County Earned Income Tax Bureau. Read More…

COLWYN - The Colwyn Borough Council announced a list of rules designed to maintain order at their meetings, one of which prohibits the use of cameras for the purpose of taking still photographs. Read More…

James Powers, former director of the Pennsylvania Office of Homeland Security, destroyed the original intelligence reports he received from the Institute of Terrorism Research and Response. That may have violated multiple provisions of the state’s record retention policy. Read More…

WEST CHESTER -- The borough cancelled the executive session scheduled Wednesday evening where members of the Turk‘s Head Stadium Alliance planned to discuss the proposed minor league baseball stadium with borough council. Read More…

A contentious audience was met with new “public participation” conduct rules at the late September Nuangola Borough Council session. The new policy was seemingly adopted in response to a raucous August meeting which had residents shouting over Council members’ comments and each other. It was enacted as Resolution No. 8 of 2010. Read More…

The Easton Area School Board sidestepped a growing firestorm lit last week when it banned public comment at workshop meetings by scrapping the workshops and reinstating several committees that will welcome public input. The unanimous decision to return to the committees — a format used in the past to discuss items such as finance, policy and buildings and grounds — came as community members mobilized to challenge the public comment ban should the board not change course. Read More…

BETHLEHEM — When city council President Robert Donchez in April said he was working to get council meetings streamed live on the Internet, resident Tony Simao didn't think it would happen anytime soon. Remembering the video camera he received as a Christmas gift a few years back that was just gathering dust, Simao decided to put it to use and record the meetings himself. "I'm putting it out there so the citizens of Bethlehem know who they're voting for," said Simao, who started attending council meetings last year to advocate saving the old Broughal Middle School. "Government should always be held accountable."
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HARRISBURG, Pa. (AP) — Incident reports filed by Pennsylvania state troopers do not have to be released to the public, Commonwealth Court ruled Thursday in a reversal of the state open records office. The 6-1 majority ruling said the forms are covered by an exception to the Right-to-Know Law that allows agencies to withhold criminal investigative records.
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I'm stubborn enough to feel that someone has to say what every Coplay resident should be saying: Their borough officials appear to be violating the spirit and the letter of the open meetings law, and their solicitor is providing them with legal cover for doing it. Read More…

In what the school board describes as a time-saving measure, public comments will no longer be allowed at Easton Area School Board workshop meetings. Read More…

"The Need for Transparency in Government and Knowing Your Rights," a seminar on Pennsylvania's new right-to-know law, will be presented at 6 p.m. Sept. 23 at the Shickshinny firehouse. Read More…

Blawnox Borough will not change its audio and videotaping rules as it faces probable legal action from the American Civil Liberties Union. Read More…

WILKES-BARRE - Luzerne County Controller Walter L. Griffith Jr. accused county commissioners of violating the state Sunshine Act to discuss issues about the sheriff's budget in private Wednesday. Read More…

SUNBURY — E-mails are the cyberspace version of “behind closed doors,” and Sunbury city councilmen meet there often. Read More…

Government emails are treated no differently from any document printed on paper and should be made available for review, under Pennsylvania’s revamped Right-to-Know law. A story in Saturday’s newspaper tackles the use of emails from a different direction. This is the other side of the push for public transparency. The story explores how the use of email by elected officials can limit or eliminate deliberation in meetings. Read More…

HUGHESVILLE — On Tuesday night, the East Lycoming School District denied it violated the state Sunshine Law regarding what can and can't be discussed in executive session for legal, personnel or student-related purposes, but a media law attorney isn't so sure the district is in the clear. Read More…

Trib Total Media, Inc. ("TTM") brought suit against the Highlands School District because the school board barred a reporter from attending an executive session. In its answer to TTM's complaint, the school district admitted that the school board discussed a property tax assessment appeal with owners of the shopping center subject to the appeal. The school district asserted that such an action was permissible under Section 708(a)(4) of the Sunshine Act, which permits the discussion of matters of pending litigation in an executive, hence private, session. The Commonwealth Court held that only attorneys and advisors may participate in executive sessions pursuant to this section. Read More…

During the formation of the Tamaqua school district's recently-adopted mandatory drug and alcohol testing policy for students participating in co-curricular activities, an advisory committee met on a regular basis. A question was raised as to whether the meetings, which were characterized as "closed door" sessions, were in violation of Pennsylvania's Open Meetings law, known as the Sunshine Act. Read More…

A three-judge appeals panel ruled Thursday that the Highlands School District violated state law when it held a closed-door session with shopping center representatives last year to talk about a tax assessment appeal. In the order, Commonwealth Judge Patricia A. McCullough wrote that the private meeting with Heights Plaza Shopping Center representatives "has the odor of favoritism that the Sunshine Act does not tolerate."
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A three-judge appeals panel ruled Thursday that the Highlands School District violated state law when it held a closed-door session with shopping center representatives last year to talk about a tax assessment appeal. In the order, Commonwealth Judge Patricia A. McCullough wrote that the private meeting with Heights Plaza Shopping Center representatives "has the odor of favoritism that the Sunshine Act does not tolerate." Read More…

The Monessen School District has responded to an appeal filed by The Valley Independent under the state's Right-to-Know Law. In its response, the district gave reasons why it believes the request by the newspaper to get the name of a fired Monessen teacher should not be heard. Read More…

Exeter borough residents hoping for an apology for being locked out of a council meeting April 6 will have to wait at least a little longer. None was given at Tuesday’s meeting of the borough council. Read More…

A vote by the Riverside School Board to change the logo displayed on football helmets violated the Pennsylvania open-meeting law, a media-law expert said Thursday. The 5-4 decision, reached after a district employee polled school board members by phone, changed the helmet decals for Riverside Junior-Senior High School football players from a wing to a Viking horn. Read More…

WILKES-BARRE -- The Luzerne County Record Improvement Committee will begin complying with the state Sunshine Act for the first time and inform the public of upcoming meetings in a legal notice, said county Commissioner Stephen A. Urban, the new chairman of the committee. Read More…

When the Monessen School Board voted last week to fire a teacher identified only by an employee number, it violated the state's open meetings law, according to an attorney for the Pennsylvania Newspaper Association. Read More…

If the Twin Valley School Board had gone into a private meeting with a Caernarvon Township police officer to discuss filing civil or criminal charges against a district resident, the meeting may have met the standard established by the Sunshine Act to exclude the public. As it was, the board discussed safety, security and legal measures that could be taken against a disruptive citizen, according to school board solicitor Jon S. Malsnee. Read More…

Donor records relating to scholarships and a signature East Stroudsburg University building must be made available to the Pocono Record, a state court ruled Monday in the most recent turn in a 15-month-long legal battle. In a precedent-setting decision, the Commonwealth Court ruled 7-0 to uphold the substance of a previous ruling by the state's open records agency. Read More…

Attorneys for the Valley News Dispatch and Highlands School District argued before a state appeals court yesterday over accusations the school board illegally shut out the public from part of a June meeting. Read More…

Pennsylvania, with its woefully corrupt state Legislature and untold units of local government that also are no strangers to corruption, needs an effective Sunshine Law more so than most other states. Read More…

Pittsburgh's Stadium Authority violated state open-meeting rules when a majority of members spoke privately by phone a day before the authority's first public meeting this year, a media law expert said Tuesday. Read More…

The "good old boys (and girls)" in Harrisburg are covering each other's butts again. We aren't supposed to notice, because a House-passed bill imposes higher fines for violating the open-meetings "Sunshine Act." That's all we are supposed to notice: Higher fines. But the House, which is in bed with school directors and teacher unions, tacked on a provision allowing secretive closed meetings for "safety and security" reasons.
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The devil is in the details and, if you're the pessimistic type, you can find Lucifer's fingerprints all over a small item in legislation passed by the state House five days ago. Read More…

The past few weeks have seen an increase in activity at the Capitol that causes concern. We were discouraged on March 10, when the full House, reviewing a bill intended to strengthen sanctions dished out (theoretically) for violating the Sunshine Act, voted to insert a ‘safety and security’ exemption for going into executive session, for school boards. Read More…

Today marks the beginning of Sunshine Week, a celebration of open government — and an exhortation to demand it ceaselessly. Open government is a core principle of our American form of democracy. Government employees — both elected officials and non-elected workers — are directly accountable to the people. In a citizens' government, citizens and the press are the watchdogs, making sure officials remain accountable to the people. Keeping access open to officials and to public documents is essential if citizens are to maintain their freedom.
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The Pennsylvania Newspaper Association's fsummary of improvements needed in Pennsylvania's open meetings law, known as the "Sunshine Act." Read More…