Q: A school board created a community engagement committee to advise on matters of board transparency compliance and practices. The committee holds public meetings, but it does not allow public comment. School board policy says that committee meetings do not have to allow public comment because a quorum of the school board is not present. Is that right?
A: No, committees that are authorized to take official action or render advice on matters of agency business are agencies themselves under the Sunshine Act, and they are required to comply with the law whenever a quorum of the committee discusses agency business.
The Sunshine Act requires that anytime a quorum of an agency deliberates agency business or takes official action, it must do so at a public meeting. The act defines “agency” as “[T]he body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business … of any political subdivision of the Commonwealth.”
The school board is an agency as defined by the Sunshine Act and compliance with transparency laws is agency business. Likewise, the committee is also an “agency” for purposes of the Sunshine Act because it is a committee created and authorized to render advice on matters of agency business, namely, the board’s transparency practices. The fact that a quorum of the school board is not present during committee meetings is irrelevant because the committee itself is an agency required to comply with the law.
Committees that render advice on matters of agency business are required to follow all aspects of the Sunshine Act when a quorum of the committee deliberates agency business. The basic requirements of the Sunshine Act include advertising and holding public meetings, producing an agenda, allowing public comment and recording of meetings, and keeping official meeting minutes, among others. From a public policy perspective, even if the Sunshine Act does not apply, the committee should welcome public comment from anyone interested in providing it consistent with its purpose of addressing community engagement and transparency compliance. The Sunshine Act sets the floor for open meetings practices, not the ceiling, and agencies can provide more transparency than is required by law.
As always, this is not intended to be, nor should it be construed as, legal advice. Please consult your news organization’s attorney or the PNA Legal Hotline at (717) 703-3080 with questions.