18138_Authority_Feb
municipalauthorities.org | 23 How must we notify the public of an upcoming meeting? Public notice must be provided of the agency’s first regular meeting of each calendar or fiscal year not less than three days in advance of the meeting. The agency must also give public notice of the schedule of its remaining meetings for the year. An agency must give public notice of each special meeting or rescheduled regular or special meeting at least 24 hours in advance of the time it is scheduled to begin. No notice is required for emergency meetings. 65 Pa.C.S. § 709. Notice of the meeting must be published by each of the following: (1) publication of notice of the place, date, and time of the meeting in a newspaper of general circulation in the political subdivision where the meeting will be held; (2) posting a notice of the place, date, and time of the meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held; and (3) giving notice to parties who request notice and who provide the agency with a self-addressed, stamped envelope prior to the meeting. 65 Pa.C.S. § 703. Act 65 of 2021 recently imposed further requirements relative to notification of agency business to be considered at the meeting. If the authority has a website, it must post the agenda (including a listing of each matter of agency business that will be subject of deliberation or official action at the meeting) on the website at least 24 hours in advance of the time of the meeting. The authority must also post the agenda at the location of the meeting and its principal office, and make copies of the agenda available to meeting attendees. 65 Pa.C.S. § 709(c.1). How have recent court cases affected these requirements? In Coleman v. Parkland School District , 305 A.3d 238 (Pa. Cmwlth. 2023), a resident challenged an agency’s last-minute addition to its public meeting agenda as violative of the Sunshine Act, specifically Act 65’s new requirements. The agency had posted an agenda that did not include a certain item of business, and the board voted at the meeting to add that item to their agenda, then voted to approve it. The Sunshine Act provides that an agency may not take official action on a matter of agency business that was not included on the agenda that was posted, unless certain exceptions listed in 65 Pa.C.S. § 712.1 applied. The court in 888.892.5860 keystoneinsgrp.com ©2024 Keystone Insurers Group ®. All rights reserved. This does not constitute an offer to sell a franchise in any state in which the Keystone Insurers Group franchise is not registered. Keystone provides the experience and expertise you need to resolve issues quickly and safeguard your community. With offices throughout PA, our local agents collaborate with you to understand the unique challenges you face. Together, we can build an insurance and risk management plan that fits your community and provides environmental protection. Safeguarding communities Continued on page 41.
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