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Brighter Pennsylvania - Sunshine Act Reforms

Brighter Pennsylvania

Pennsylvania's open meetings law, also known as The Sunshine Act, guarantees the public's right to access and participate in public meetings. Although the Act limits the ability of agencies to hold discussions and make decisions behind closed doors, too often agencies ignore the Act by classifying their discussions as "preliminary" or by holding secret meetings. The PNA believes that the following reforms are necessary:

  1. Open "Informational Meetings."
    The Sunshine Act must be amended to make it clear that informational sessions and preliminary discussions are subject to the open meeting requirements of the Act.  

  2. Burden of Proof on Agency.
    The burden must be on the agency to show that a specific discussion may be held behind closed doors.

  3. Recording Executive Sessions.
    Agencies must be required to audiotape or videotape executive sessions.

  4. Office of Access.
    The state must create an "Office of Access" -- which could be located within an existing agency -- to hear appeals and furnish advisory guidelines, opinions and other appropriate information about the laws to both agencies and citizens. The Office will also offer training on the access laws.

  5. Increased Penalties.
    The penalties for willful violations should be increased to at least $500 per violation. Agencies that deny access improperly should also be required to attend training sessions offered by the Office of Access and be tested on the law's requirements until their actions are consistent with the law and the public's right to know.

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