Participants in this month’s session of the PNA Foundation Journalism Training Certification Program received a wealth of knowledge about Pennsylvania’s Sunshine Act and journalists’ rights under the First Amendment.

Leading the discussion were: Melissa Bevan Melewsky, media law counsel for Pennsylvania NewsMedia Association, and Paula Knudsen Burke, senior supervising attorney for the Reporters Committee for Freedom of the Press. Among the pointers they shared:

• As a general rule, the Sunshine Act, or open meetings law, applies anytime a quorum – such as five of a nine-member board or two of a three-member board – is present and deliberates agency business or takes official action.
• Executive sessions are allowed but not required to be held behind closed doors. 
• When an executive session is called for one of the seven permitted open meeting exceptions (i.e. litigation, personnel, safety and security), an agency must provide a detailed reason that justifies excluding the public. A one-word general justification is not sufficient.
• If an issue is not on a board’s advertised agenda, the board cannot discuss it or act upon it other than to say it will be put on the next meeting agenda. However, the public can address non-agenda topics during the public comment.
• Journalists should identify themselves as members of the press and not use false identities, which could lead potentially to criminal or civil charges.
• Pennsylvania is a two-party consent state when it comes to recording conversations. Journalists are advised to get consent before starting to record their interview subject and again after the recording has started.

Next month’s session in this yearlong journalism training program will be Oct. 13 with the topic: Unlocking Public Records — A Guide to Pennsylvania’s Right-to-Know Law. To register, click on this link.