From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A school board has been voting using nonspecific language such as, “we vote to approve items 1-10 on the agenda.” The agenda is very generic as well, and our reporter can’t figure out what actions are being taken by the board. Can they do that?

A: No.The Sunshine Act requires agencies to vote publicly and to allow a meaningful opportunity for public comment prior to taking official action.

The general rule of the Sunshine Act requires all official action (votes) to happen at a public meeting. There is no exception to this general rule. The act of casting a vote on a generically described piece of agency business does not satisfy this requirement.

Further, section 710.1 of the law requires agencies to “provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents … or taxpayers … 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.”

If the public has no idea what the board is voting on, there is no reasonable opportunity for public comment prior to the vote. Public participation prior to official action is a significant, and statutorily protected, part of the policy-making process.

The school board’s voting practices described above do not allow meaningful public comment and present a considerable barrier to public access. The practice directly conflicts with the plain language and intent of the Sunshine Act.