From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: school board has been discussing budget cuts behind closed doors, claiming the “personnel exception” because potential cuts could result in layoffs. Is that right?

A: No. The personnel exception to the Sunshine Act does not allow agencies to privately discuss general proposals that might result in layoffs or the elimination of positions.

The general rule of the Sunshine Act is that anytime a quorum of an agency deliberates agency business or takes official action, it must do so at a public meeting. There are several limited exceptions to the general rule that allow private deliberations, but these exceptions are required to be narrowly construed, and all official action must happen at a public meeting.

The personnel exception allows, but does not require, agencies to privately discuss “specific” prospective, current or former public employees. The exception does not permit agencies to discuss agency business like budget cuts that deal with personnel issues generally.

If, after public deliberation, an agency determines that budget cuts are necessary and will result in layoffs, the agency may invoke the personnel executive session to discuss specific employees subject to termination. The law also allows any employee to be discussed during a personnel executive session to request, in writing, that the discussion occur during a public meeting.

It is worth noting that the law requires agencies to publicly announce the reason for an executive session either prior to the session or at the next public meeting and one-word reasons such as “personnel” are insufficient. The agency’s public announcement must contain enough detail to allow the public to determine if the executive session is appropriate.