the municipal secretary desktop reference manual - Southwestern ...

THE SUNSHINE ACT
The following section of information was taken from a publication produced by the
Center for Local Governmental Services. It is intended to be an overview of the Act with
general information pertaining to the secretary=s oversight of public meetings. More specific
information can be found in the complete OPEN MEETINGS/OPEN RECORDS MANUAL.
In most cases, the municipal secretary is responsible for knowing when a meeting of
government officials is an open meeting, and must, then, be advertised. Therefore it is important
for the secretary to be familiar with the Sunshine Act and its definitions. As always, the
municipal solicitor should be consulted for an official opinion, should the Sunshine Act manual
not specifically address your questions regarding public meetings and open records.
AN OVERVIEW OF THE SUNSHINE ACT
The Pennsylvania Sunshine Act requires all public agencies to take all official actions and
conduct all deliberations leading up to official actions at public meeting. Official actions
include making recommendations, establishment of policy, decisions on agency business and
votes taken on any motion, resolution, ordinance, rule, regulation, proposal, report or order.
The act covers all such actions by municipal governing bodies, committees of all those
governing bodies and municipal boards and commissions.
The Sunshine Act defines a Ameeting@ as any prearranged gathering of an agency attended by
a quorum of members held for the purpose of deliberating (the discussion of agency business
held for the purpose of making a decision) agency business (framing or enacting any law or
policy, entering into a contract or adjudicating rights, duties and responsibilities.
Administrative action is excluded from the definition of agency business) or taking official
action.
The Act enumerates six reasons for holding an executive session, from which the public is
excluded. Briefly, they are:
1) To discuss personnel matters, including hiring, promoting, disciplining, or
dismissing specific public employees or officers.
2) To hold information, strategy and negotiations sessions related to collective
bargaining agreements or arbitration.
3) To consider the purchase or lease of real estate.
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