From the PNA Legal Hotline

By 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 that is open, or within 30 days from the discovery of any closed meeting or action, 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 council violated the act, it may declare any or all official action taken at the meeting invalid. Courts may also order injunctive relief and fashion other appropriate remedies under the civil penalty provisions of the Sunshine Act if a violation is found to have occurred.