Q: A local agency is prohibiting the right to object during public meetings, requiring all objections to occur during public comment. Is that OK?

A: No. This is not consistent with the rights enshrined in the Sunshine Act, which, among other things, expressly provides for the right to raise an objection at any time during a public meeting if there is a perceived violation of the law.

Section 710.1 of the act governs public comment. Section 710.1(c) of the Sunshine Act states:

(c)  Objection. — Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision.

As you can see, the law allows members of the public to raise an objection to a perceived violation of the law at any time during a public meeting. The intent of this provision is to allow the public to caution the board about the requirements of the law and stop a perceived violation before it occurs or while there is still an opportunity to cure it.

Further, Section 706 requires agencies to keep meeting minutes, and the minutes must include “[T]he names of all citizens who appeared officially and the subject of their testimony.” This provision requires the agency to note the name of any objector and the substance of their objection as part of the official meeting minutes.

To comply with the law, agencies must allow the public to raise an objection to a perceived violation at any time, and the agency must also note the objection in the official minutes. As always, this is not intended to be, nor should it be construed as, legal advice.  Please contact your newspaper’s attorney or the PNA Legal Hotline at (717) 703-3080 with questions.