From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A school board routinely calls lengthy executive sessions, sometimes a few hours long, in the middle of public meetings. The board does not tell us how long they plan to stay in the executive session and many members of the public leave before the board returns to accept public comment and vote at the end of the meeting. Is there a time limit for executive sessions?

A: No. The Sunshine Act does not impose a time limit on executive sessions. However, agencies must not knowingly use executive sessions as a means to thwart public access.

Section 708(b) of the Sunshine Act allows, but does not require, agencies to call executive sessions for a number of limited purposes including discussions about purchase or lease of real estate, to discuss specific personnel, to discuss threatened or pending litigation, and collective bargaining.

Section 708(b) allows agencies to call an executive session during an open meeting, at the conclusion of an open meeting, or announce the session for a future time. The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session.

Although the law allows agencies to hold executive sessions during an open meeting, section 708(c) of the Sunshine Act expressly provides that agencies may not use executive sessions as a subterfuge to defeat the purpose of the law.

Certainly, there may be situations where agencies need time to thoroughly discuss an issue during an executive session, but those occasions should not arise routinely in the middle of public meetings and should not discourage members of the public from attending, remaining at or participating in public meetings. The situation described above presents an unreasonable barrier to access that conflicts with the intent of the law. Agencies must acknowledge the law’s intent and operate in a manner that recognizes the public’s right to attend and participate in public meetings.