The Sunshine Act: A Citizen’s Guide to Open Meetings Law

The concept of government transparency is a cornerstone of democracy, allowing citizens to witness and scrutinize the decision-making process of their elected and appointed officials. Central to this principle are the Open Meetings Laws, often referred to collectively as the Sunshine Act. These laws, enacted at both the federal and state levels, mandate that public bodies conduct their business in the open, not behind closed doors.

Understanding the Sunshine Act is vital for every concerned citizen, journalist, or public official. It is a powerful tool designed to curtail misbehavior, educate the public, and provide essential scrutiny to governmental actions. While the specific statutes may vary from state to state—such as Pennsylvania’s Sunshine Act or New Jersey’s Open Public Meetings Act (OPMA)—the fundamental requirements for openness and public access remain consistent.

What is the Sunshine Act? Defining “Meeting” and “Agency”

The Sunshine Act (or an equivalent Open Meetings Law) requires governmental agencies to deliberate and take official action in a public setting. The law’s scope is defined by two critical terms:

1. The Covered Agency or Public Body

Generally, an “agency” or “public body” includes any state or local governing body, board, commission, council, or authority that performs an essential governmental function, exercises governmental authority, or is collectively empowered to spend public funds.

2. Official Action and Deliberation

The Act mandates that deliberation—the discussion of agency business for the purpose of making a decision—must be open to the public. Official action includes:

• Recommendations made pursuant to law or ordinance.
• The establishment of policy.
• Decisions on agency business.
• A vote taken on any motion, resolution, or regulation.

Compliance and Procedure: The Notice and Minutes Mandate

Compliance with the Sunshine Act primarily revolves around three core requirements:

Key Requirements for Public Meetings

Requirement	Standard
Open to Public	All meetings, including any deliberation leading to official action, must be open.
Public Notice	Agencies must provide adequate advance notice. For regular meetings, this can be an annual notice (e.g., within seven days of the reorganization meeting). Special or rescheduled meetings often require at least 24 to 48 hours notice.
Minutes/Record	Reasonably comprehensive minutes must be kept, reflecting the time, place, members present, subjects considered, actions taken, and the votes of each member.

The Exception: When Can a Meeting Be Closed? (Executive Sessions)

The Sunshine Act acknowledges that certain sensitive matters require confidentiality. These closed portions of a meeting are commonly known as Executive Sessions. However, to maintain transparency, a public body cannot simply decide to go into a closed session without following strict rules.

Common, legitimate grounds for closing a meeting include:

• Discussing specific personnel matters (e.g., employment, dismissal, or compensation).
• Consulting with a Legal Expert regarding pending or anticipated litigation or matters covered by the attorney-client privilege.
• Considering the purchase, lease, or acquisition of real property.
• Conducting strategy and negotiation sessions related to collective bargaining agreements.
• Discussing matters that would constitute an unwarranted invasion of individual privacy or disclose confidential trade secrets.

It is crucial that the board does not take formal action (like a vote on a final decision) during a closed session, unless specifically authorized by law. Any action taken in violation of the Act may be deemed voidable.

Violations and Citizen Remedies

When an agency violates the Open Meetings Law, citizens are empowered to seek remedies. A violation often occurs when an agency discusses or decides issues in a private session (like a “workshop” or through “serial” communication like group emails) without proper public deliberation.

Legal remedies for a Sunshine Act violation typically include:

• Filing a complaint with the appropriate state or local court (e.g., Court of Common Pleas) within a short window (often 30 days) of the alleged infraction.
• A court-ordered invalidation of the official action taken during the illegal meeting.
• Potential fines or misdemeanor charges for public officials who knowingly violate the provisions of the Act.

Summary: The Three Pillars of the Sunshine Act

For individuals seeking to engage with or scrutinize their government, the principles of the Open Meetings Law can be distilled into three fundamental requirements:

1. The Right to Attend and Observe the full deliberative process of a quorum of a public body.
2. The Right to Adequate Notice (time, place, and subject matter) before a meeting takes place.
3. The Right to Review Public Minutes that document the proceedings and official actions taken.

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Frequently Asked Questions (FAQ)

Is a casual conversation between two board members a “meeting”?

In most states, if the conversation is between fewer than a quorum of members and no commitment to vote is made or sought, it is generally considered a permissible interaction, not a covered meeting. However, any prearranged gathering of a quorum for the purpose of deliberation is a meeting, regardless of whether it is formal or casual.

Can an agency use email to conduct business?

No. Using serial communications like group emails or phone polls to discuss agency business among a quorum of members is a common method of violating the Sunshine Act, as it bypasses the public meeting requirement. Deliberation must happen openly.

Does the public have the right to speak at every public meeting?

While the public has the fundamental right to attend and observe, the right to speak or participate is subject to the agency’s reasonable rules. An agency must provide a reasonable opportunity for public comment, but it can impose time limits or other restrictions to ensure the orderly conduct of the meeting.

What happens if a decision is made in a closed meeting that was not a valid exception?

The action or decision taken in violation of the Sunshine Law is generally voidable by a court, meaning it can be legally nullified. Furthermore, the individuals who knowingly violated the law may face penalties, including fines or misdemeanor charges.

Does the Sunshine Act cover federal government agencies?

Yes. The federal version is the Government in the Sunshine Act (5 U.S.C. § 552b), which applies to approximately 50 federal agencies headed by collegial bodies whose members are Presidentially appointed and Senate-confirmed (e.g., the Federal Reserve Board).