18138_Authority_Feb

22 The Authority | February 2025 S olicitor ’ s C o r n e r M aintaining O rder at Y our P ublic M eetings By E. Lee Stinnett II, Esq. and Luke X. Gibson, Esq., Salzmann Hughes, PC It seems that more and more frequently, public meetings are being disrupted by unruly members of the public who are unable to air their grievances in a civilized and respectful manner. As a result, municipal meetings can quickly go off the rails while elected officials and appointed board members struggle to maintain order. The purpose of this article is to lay out your obligations as municipal authority board members and staff relative to allowing public comment at meetings, and to provide some helpful “do’s and don’ts” to get your public meetings back on track following disruptive public comment. Why do we have public comment? The public’s concerns over potential threats to their constitutional rights are ripe for dispute. Allowing the public to provide comment on matters of public concern protects their First Amendment rights under the United States Constitution. The Pennsylvania General Assembly decided to enshrine this in Pennsylvania law by enacting the Sunshine Act (Open Meetings Law), 65 Pa. C.S. § 701 et seq. Under the Sunshine Act, the General Assembly found that “the right of the public to be present at all meetings of agencies to and witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper function of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public’s effectiveness in fulfilling its role in a democratic society.” 65 Pa.C.S. § 702(a). The General Assembly therefore declared “it to be the public policy of this Commonwealth to ensure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon.” 65 Pa. C.S. § 702(b). When are open meetings required? Under the Sunshine Act, open meetings are required whenever “official action and deliberations [are undertaken] by a quorum of the members of an agency,” unless an exception applies. 65 Pa.C.S. § 704. Three exceptions to the open meetings requirement are: (1) executive sessions, (2) conferences at which no deliberation of agency business may occur, and (3) certain working sessions of the board of auditors. 65 Pa.C.S. § 707. What is “official action” and “deliberation”? The Sunshine Act defines “official action” to include: (1) recommendations made by an agency pursuant to statute, ordinance, or executive order; (2) the establishment of policy by an agency; (3) decisions on agency business made by an agency; and (4) the vote taken by any agency on any motion, proposal, resolution, rule, regulation, ordinance, report, or order.” The Act further defines “deliberation” as “the discussion of agency business held for the purpose of making a decision.” 65 Pa.C.S. § 703.