News

Act 65 of 2021 Amends PA Sunshine Act

August 27, 2021

On June 20, 2021, Governor Wolf signed Act 65 of 2021 into law, amending the Sunshine Act to require public agencies to meet new requirements regarding agendas and official actions. The Sunshine Act defines an “agency” as the “body and all committees thereof that are authorized to render advice or take official action” on behalf of the governing body.

In addition to any public notices already required under the Sunshine Act,

• agencies with a publicly accessible website must post the agenda, including a listing of each matter of agency business that will be deliberated and/or any official action, no later than 24 hours before the meeting;
• agencies must post the agenda, including a listing of each matter of agency business that will be deliberated and/or any official action, at the principal office of the agency;
• agencies will make copies of the agenda, including a listing of each matter of agency business that will be deliberated and/or any official action, available to attendees.

Act 65 also establishes that agencies cannot take official action on a matter of business if it were not included in the above-required notifications. It allows for the following certain exceptions:

• Official action may be taken for emergency business “relating to a real or potential emergency involving a clear and present danger to life or property.”
• Business arising less than 24 hours prior to the meeting, providing: (a) that the matter is brought to the attention of the public within the 24 hour period prior to the meeting; and, (b) the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement.
• If a resident or tax payer brings a matter to attention that is not on the agenda, the agency may refer the matter to staff for research and inclusion on a future agenda. Also, if the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement, the agency may act on it.

These new amendments, which are effective on August 29, 2021, do not apply to conferences or working sections under section 202 or executive sections under section 708 that are not required to be open meetings.

If you have questions regarding Act 65 or the Sunshine Act, contact us online or call Bill Ward at (412) 338-1154.