Pennsylvania has two laws which were written to provide its citizens the right to observe all forms of government deliberate and make decisions in the open, and to allow its citizens to examine public records. The Sunshine Act requires government agencies to take official actions and conduct all deliberations leading up to official actions at public meetings. The Open Records Act guarantees citizens access to inspect and examine certain defined records of government agencies.
The Sunshine Act, Act 84 of 1986, P.L. 388, as amended, defines a meeting as any prearranged gathering attended by a quorum of agency members held for the purpose of deliberating agency business or taking official action. Public notice must be given of a meeting in a newspaper of general circulation in the political subdivision where the meeting is held. Most citizens are affected by this Act through the actions of their local governing bodies such as the Board of Supervisors or Borough Council and their School Board or Zoning Hearing Board. All of these groups are agencies which must advertise their meetings and deliberate and make decisions at a public meeting.
There are certain exceptions which allow an agency to meet and exclude the public. These are defined as executive sessions and agenda items such as discussing personnel matters, holding strategy and information sessions related to collective bargaining agreements, considering the purchase or lease of real estate, consulting with an attorney regarding litigation, discussing agency business that would lead to the disclosure of information that is confidential, or for public colleges or universities to discuss matters of academic admission, are properly done in executive sessions. It is necessary for the agency to announce the reason for an executive session either before holding the session or subsequent to the executive session.
The Sunshine Act was recently amended on February 23, 1996. This amendment prohibits agencies from holding executive sessions to discuss the appointment or selection of any person to fill a vacancy in an elected office. Accordingly, decisions affecting the appointment or selection of a new member of borough or city council, a new supervisor, a new member of a school board, or any other elected officer cannot be held in executive session but must be done in a public meeting.
The Open Records Act, Act of June 21, 1957, P.L. 390, Number 212, also known as the Right to Know law, requires certain records of agencies to be available for examination and inspection by the citizens of this Commonwealth. Also, under certain conditions, citizens may make copies and photographs of the records. If an agency denies access to public records then a citizen has a right of appeal to the courts.
This Act defines what public records may be examined. This definition is the key to the entire Act. Investigative documents are exempt from public inspection. Documents which would operate to prejudice or impair a person's reputation or personal security are also not available for public inspection. Documents which are not allowed to be disclosed by statute law or decree of court are also not available for inspection. Minutes of public meetings, vouchers, contracts, and other similar documents are available for public inspection at a reasonable time and place
The purpose of both of these Acts is to strengthen the public's confidence in government through the prevention of secrecy. Every citizen has a right to observe the agency decision making process and to look at its written records.