The Coplay Library Board contends it is not violating the Pennsylvania Sunshine Act by discussing library business behind closed doors.

The state Sunshine Act requires all public bodies to conduct their business in public. Executive sessions, which are meetings closed to the public, are permitted only for specific reasons. Among them are personnel, litigation and issues relating to purchasing or leasing real estate.

Library board members are appointed by Coplay Borough Council rather than elected by the voters. However, its meetings are governed by the Sunshine Act because the library is a body formed by the borough and its work is funded by tax dollars, said Melissa Melewsky, legal counsel for the Pennsylvania News Media Association.

The library received $7,425.60 in income in May and all but $1,064.60 came from the taxpayers, according to a financial report presented at the June 13 meeting by bookkeeper Teri Halderman.

"The reason for the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session," reads a portion of the Sunshine Act. "Nothing ... shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purpose of [open meetings]."

"I would like to request an executive session," said Vice President Michele Gruber at the May 9 board meeting.

When The Press asked the reason for the executive session, Gruber did not give one. Then, after further questioning, she said, "personnel."

At the June 13 board meeting, The Press explained the Sunshine Act requires the board to conduct business in public. Further, when an executive session is held for personnel, the employee involved has the right to request in writing that the discussion be held in the open, according to the law.

After the meeting, Melewsky confirmed what The Press told the library board was accurate.

"There's a notice requirement implied," Melewsky said. If the employee doesn't know about the executive session, he or she can't respond in writing.

At the meeting, library board members were skeptical about what they were told.

"I disagree," said board Secretary Jane Gillespie. She also said she believes the board should be able to discuss policies in private.

"It doesn't have to do with whether they're discussing policy or not," Melewsky told The Press. "It has to do with whether they're discussing agency business."

Policy is agency business. The Sunshine Act makes no exceptions for discussing policy in executive session, she said.

Board members asked questions about how and when they may address issues concerning employees.

One or two board members may discuss issues with employees at any time without violating the law.

"The law's only triggered when a quorum is involved," said Melewsky.

Board members don't have the right to discuss library business one on one in order to avoid the provisions of the law, however.

"There's no requirement the whole board handle the issue. But if a quorum does exist, then the law is applicable," Melewsky said.

Melewsky said public officials should be open to questions about compliance with the Sunshine Act.

"Anyone who believes there's a Sunshine Act violation has the right to bring it to the board's attention at any point during the meeting," Melewsky said. "I would hope that [public] officials realize when they get questions on the Sunshine Act, it's done in the public interest."

Members of the library board said they were all relatively "new" to their positions. The member with the longest tenure is Faye Schreiner, who has been on the board a year and a half, Gruber said.

Melewsky recommended several low-cost or free resources board members can use in order to make themselves more familiar with the law and its requirements. Among them is the Office of Open Records which also does training sessions. Its website can be found at openrecords.state.pa.us.

Other resources include the Pennsylvania Local Government Commission at www.lgc.state. pa.us/ and the Pennsylvania Governor's Center for Local Government Services at www.palocalgovtraining.org/.

For more coverage of the June 13 Coplay Library Board meeting, see next week's edition of The Press.