The Office of Open Records webinar will begin soon Use the Conversation box to submit questions Submitted questions are records under the RTKL After the webinar ends Email openrecordspagov or call 7173469903 ID: 769191
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The Office of Open Records webinar will begin soonUse the “Conversation” box to submit questionsSubmitted questions are records under the RTKLAfter the webinar ends:Email openrecords@pa.gov or call 717-346-9903OOR website has resources for agencies & requestershttps://www.openrecords.pa.gov/
PA Sunshine Act PrimerPhone Number: 717.346.9903http: //openrecords.pa.gov Erik Arneson, Executive Director Sunshine Act Primer 04.19
Who is Covered?Applies to any state or local government bodyand all committeesthat perform an essential government functionand exercises authority to take official action.Making recommendations = official action Sunshine Act Primer 04.19
Is Your Committee Covered?Does the committee have decision making authority?Are the members appointed by the board and are they authorized to act on its behalf?Are the recommendations pursuant to statute, ordinance, or regulatory authority whereby the making or enactment of laws, policies, or regulation is the end result?Unsure? Lean towards transparency! Sunshine Act Primer 04.19
Is It a Meeting?Is there a quorum? (members can “phone in”)Is there deliberation?Is there decision making?Beware of email meetings and Social Media commenting! Sunshine Act Primer 04.19
What is Not a Meeting?Work Sessions, Conferences, Retreats, etc…- Communication is one way (reports from staff)- There is no deliberation- There is no decision making Sunshine Act Primer 04.19
Public NoticeThree days in advance of the first regular meeting of the year, along with all of the remaining meetingsLegal notice in a paid newspaper of general circulation -newspaper articles don’t count -websites don’t count -sales circulars don’t countPosted at the meeting site Sunshine Act Primer 04.19
Public Notice continuedSpecial Meetings (not previously scheduled) = 24 hours advance noticeEmergency Meetings = no notification required, but you can’t “create” your emergencyNo notification requirement for cancellations Sunshine Act Primer 04.19
Public CommentCommenters can be limited to residents and taxpayersRight to comment on issues that are or may be before the board (before any pertinent votes)Board may establish reasonable rules for public comment (time limits, spokespersons, specific v. general)Sunshine Act Primer 04.19
Executive SessionsCan be held before, during, or after an open meeting, or announced for some future timeComplete reason must be announced during the open meeting (Reading v. Reading Eagle)No requirement for minutesNo official action can be taken during an Executive Session – votes must occur in a public session Sunshine Act Primer 04.19
Executive Sessions IIAllowable Reasons for Executive Sessions:Personnel matters (hiring, firing, discipline)Discussing labor negotiationsConsidering purchasing, leasing or selling propertyConsulting with counsel about litigationAvoiding violating privilege or confidentialityDiscussing university admission standardsDiscuss emergency preparedness Sunshine Act Primer 04.19
ViolationsThe public can object to a perceived violation at any time during the meetingAgencies can “cure” violationsComplaints = public has 30 days to go to court to seek legal relief, or to a District Attorney to investigate alleged criminal intentMeetings can be voidedFines are paid by the officials, not the agency Sunshine Act Primer 04.19
MiscellaneousMust produce meeting minutes recording board attendance and who voted for and againstNo requirement for an agendaPublic can record public meetings unannouncedAgency recordings and minutes are public recordsSunshine Act Primer 04.19
Additional Resourceswww.OpenRecords.pa.govCitizens GuideAgency GuidesFinal Determinations and Key Court DecisionsOpen Records Officer GuidebookOn Site Training = RA-DCOORTRAINING@pa.govTwitter Feed = @OpenRecordsPaOOR Phone = 717.346.9903 Sunshine Act Primer 04.19