Published: November 01, 2009 09:54 am      

Don't pull shades over Sunshine Act

Public has right to know what elected officials are doing

Our meetings with incumbents and challengers alike for several local offices have pointed out a disturbing trend:

Some are either unaware of the constraints of Pennsylvania’s Sunshine Act, or they don’t care.

We implore everyone who will be holding public office in 2010 and beyond – newcomers and veterans alike – to get to know the Sunshine Act and get used to doing things in accordance with its limitations.

We get the sense that some members of Johnstown City Council, for example, see no problem with meeting away from council chambers to make decisions that affect the city’s residents and the spending of public dollars.

That is unacceptable.

There are rare occasions when the law allows public officials to meet and make decisions behind closed doors.

Addressing problems with hired personnel is at the top of a very short list.

For the most part, the business of public officials should – and lawfully must – be done before the public.

The General Assembly adopted the state’s current Sunshine Act in 1998, and it was updated in 2006.

Upon adopting the act, our state lawmakers declared: “The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision-making of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public’s effectiveness in fulfilling its role in a democratic society.”

Here’s what members of the community should expect from their government concerning open meetings:

-- That the agency will publish or post all meeting dates and times in advance, both in this or another newspaper and at the agency’s meeting place.

-- That the elected officials will meet and make decisions in the open, except: When discussing matters of employment (other than filling elected positions); to develop strategy or negotiate contracts; to consider buying or leasing property; to discuss litigation with the solicitor; to discuss confidential legal matters.

And even for matters that can be lawfully discussed in an executive session, action related to public property or money must still be taken in the open.

We have published on this page a list of Web sites where officials and constituents alike can learn more about the Sunshine Act and open records. We have posted, in PDF format, the full text of the Sunshine Act on our Web site – www.tribdem.com/opinion.

There are two sides to this coin of openness. The public must be involved as well.

Constituents must expect more from their elected leaders.

People need to know what their officials stand for – beyond “nay” or “aye.”

Residents should demand that all township supervisors, city and borough council members, all county board or commission members, all school board members – anyone holding public office – adhere to the stipulations of the Sunshine Act.

Constituents should want to know what their elected officials are doing, and they have the right to watch it happen.

Anyone who believes that his or her legal rights to information have been violated can contact The Tribune-Democrat through our Web site or by calling 532-5065.

The only way for government to gain the people’s trust is to meet in the open.

Yes, we expect our elected officials to do the public’s business in that manner.

And we will be watching to help make sure that they do.

In fact, we’re willing to turn loose our lawyers and expend a considerable amount of ink on this critical issue.

On the Web

-- You can access a PDF version of the Pennsylvania Sunshine Act at: www.tribdem.com/opinion. "Click here to read sunshine bill in PDF fourm"

-- You can read the full text of the Pennsylvania Sunshine Act at the Web site of the Pennsylvania Newspaper Association: www.pa-newspaper.org/web/2005/10/sunshine_act.aspx.

-- Learn more about your rights to information at the Web site of the Pennsylvania Freedom of Information Coalition: www.pafoic.org.

-- Pennsylvania Office of Open Records: openrecords.state.pa.us.