A bill to strengthen the state’s Sunshine Act passed the General Assembly in the closing days of session and has been signed into law by Gov. Josh Shapiro.
LAMPa supported the legislation to clarify the Sunshine Act by providing only limited exceptions to the rule requiring 24-hour public notice of items to be considered for government action. Such notice ensures greater transparency for responsible and accountable governance. Senate Bill 1150 passed the Senate unanimously in June, and cleared the House on Oct. 21. The governor signed on Oct. 22.
“It’s a win for government transparency, one that we hope will help restore public trust and increase civic engagement,” said LAMPa Director Tracey DePasquale. The need for reform was a focus of LAMPa’s annual day of advocacy in April. “At a time when such high-stakes matters such as detention centers, data centers and police/ICE collaboration agreements have been put before our local governments, the risk of having no notice of action not only threatened citizens’ ability to respond but also further eroded the trust needed to govern.”
Background:
In 2021, the General Assembly amended the Sunshine Act to require government entities to make their agenda for an upcoming meeting available to the public at least 24 hours prior to the meeting. Recognizing the need for flexibility, the 2021 amendments also included reasonable exceptions to the 24-hour rule including actions relating to emergencies, de minimis matters occurring between the publication of the notice and the meeting, and de minimis matters brought to the attention of the agency by a resident or taxpayer at the meeting. The amendments also provided that an agency may change its agenda at a meeting by a majority vote and announcing the change to those present at the meeting prior to the vote.
Because of the way this section of the Sunshine Act was written, the state Supreme Court interpreted this majority vote procedure as a valid exception to the 24-hour rule. This allowed the rule to be circumvented by allowing virtually any matter to be considered without giving the public 24-hour notice. This ran contrary to the intent of the rule and the Sunshine Act to provide the public with a reasonable opportunity to be informed of upcoming matters to be discussed at meetings of their local municipality, school district, and state agencies. An informed and engaged citizenry is important for democracy to thrive. The 24-hour rule was enacted by the General Assembly to ensure residents are better able to inform themselves of upcoming public meetings that affect their everyday lives.
“ELCA social teaching holds that all residents of the United States have a responsibility to make government function well—not to abandon our democracy but to engage it in a spirit of robust civic duty. For Lutherans, this responsibility is lived out as a calling from God, expressed in the discipleship described in our baptismal promises. It is based on our understanding of how God governs human society.“ — ELCA Social Message on Government and Civic Engagement: Discipleship in a Democracy, 2020.
