From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: Can a township’s public comment policy prohibit the public from commenting on matters that are not on the agenda and from asking questions during open meetings?

No. An agency can enact reasonable rules and regulations to help control the conduct of open meetings, including policies governing public comment. However, an agency may not prohibit a citizen from commenting on matters of concern that do not appear on the agenda or prohibit the public from asking questions.

Section 710.1 of the Sunshine Act guarantees the public’s right to give meaningful comment “on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action.”

This provision of the law is broad, and its goal is to permit and encourage public participation. Limiting public comment to agenda items ignores the plain language and intent of the law.

Further, to the extent that a citizen’s comment comes in the form of question, the agency must allow the citizens to speak. The law does not require agencies to answer questions asked during public meetings but many do, to the extent possible, in the interest of good government and to foster a positive relationship with citizens.