Interpretations of the law
There are some flaws in the Sunshine Law.
For example, the words "council," "committee" and some other key words are not in the definition section of the act. Because information is dispensed at and deliberation occurs - even though no official action is taken - at committee meetings, they are instrumentalities of municipal boards and agencies, meaning that the public should have a reasonable opportunity to be heard at these meetings.
From the Sunshine Law:
General rule. Except as provided in subsection (d), the board or council of a political subdivision or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting. If the board or council determines that there is not sufficient time at a meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment, the board or council may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting.
From the Office of Open Records:
A reasonable opportunity shall be provided for residents or taxpayers to comment on matters of concern, official action or deliberation prior to official action.
From Digital Media Law Project:
The Pennsylvania Sunshine Act covers all legislative and executive "agencies" at the state and local level. The term "agency," which is defined at 65 Pa. Cons. Stat. 703, applies to multimember bodies that perform an essential governmental function, exercise governmental authority, and take official action through the joint action of their members. This includes the Pennsylvania General Assembly and its committees, state agencies in the executive branch, political subdivisions (including all their constituent boards and commissions), and municipal authorities (such as city councils). The statute defines a "political subdivision" as "[a]ny county, city, borough, incorporated town, township, school district, intermediate unit, vocational school district or county institution district." In addition, the term "agency" includes school boards and the boards of public colleges and universities. Finally, the term also applies to committees created by the above-described agencies that are authorized to take official action or render advice on matters of agency business.
