Pennsylvania Sunshine Act fails to ensure open meetings
Rob Cathers
Issue date: 11/19/09 Section: Web Extras
Entwined in an unavoidable union with government entities, Pennsylvania residents are affected by the decisions of officials protected by the Sunshine Act which fails its mission of shedding light on government decision-making by allowing violations without adequate penalties.
Pennsylvania's current Sunshine Act, which took effect in 1987, requires "public agencies to hold certain meetings and hearings open to the public; and provide penalties," according to the law. The act covers many legislative governments on state and local levels, such as city councils and state school authorities. Under the law, government meetings can only be closed under certain exemptions, such as private information on a state employee being discussed.
To begin reforming the law, legislators need to impose stricter penalties for violations, stop allowing government entities to cure violations and include restrictions on electronic communication. These changes would protect the public from misuse of tax money and make officials more responsible for decisions by forcing compliance with the law.
"Almost from the day this law went into effect, the Achilles' heel has been the lack of meaningful penalties … We have seen public officials from different parts of the state unapologetically violate the [Sunshine] law," Pa. Sen. Lloyd Smucker said in a Jan. 26, 2009 Senate Republican news brief.
The law has failed to require public agencies to hold open meetings. Teri Henning, a lawyer for the Pennsylvania Newspaper Association (PNA), said in a Sept. 11, 2009 editorial on the organizations Web site that "some agencies routinely conduct the public's business in private." Henning also mentioned in the article that she hears hundreds of instances of closed meetings and secret decisions each year.
The law is clearly not working as it was intended. Rampant violations show government officials do not take the law seriously. One problem is the inadequate fine for an intentional violation.
Pennsylvania's current Sunshine Act, which took effect in 1987, requires "public agencies to hold certain meetings and hearings open to the public; and provide penalties," according to the law. The act covers many legislative governments on state and local levels, such as city councils and state school authorities. Under the law, government meetings can only be closed under certain exemptions, such as private information on a state employee being discussed.
To begin reforming the law, legislators need to impose stricter penalties for violations, stop allowing government entities to cure violations and include restrictions on electronic communication. These changes would protect the public from misuse of tax money and make officials more responsible for decisions by forcing compliance with the law.
"Almost from the day this law went into effect, the Achilles' heel has been the lack of meaningful penalties … We have seen public officials from different parts of the state unapologetically violate the [Sunshine] law," Pa. Sen. Lloyd Smucker said in a Jan. 26, 2009 Senate Republican news brief.
The law has failed to require public agencies to hold open meetings. Teri Henning, a lawyer for the Pennsylvania Newspaper Association (PNA), said in a Sept. 11, 2009 editorial on the organizations Web site that "some agencies routinely conduct the public's business in private." Henning also mentioned in the article that she hears hundreds of instances of closed meetings and secret decisions each year.
The law is clearly not working as it was intended. Rampant violations show government officials do not take the law seriously. One problem is the inadequate fine for an intentional violation.
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