Rep. Bob Freeman

Responding to a November decision by the Pennsylvania Supreme Court, Freeman on Jan. 21 introduced legislation to clarify the exceptions to the 24-hour rule under the Sunshine Act.

majority chairman of the House Local Government Committee, where H.B. 2146 is expected to be referred.

In 2021, the Pennsylvania General Assembly amended the Sunshine Act to require government entities to make meeting agendas available to the public at least 24 hours in advance.

Recognizing the need for flexibility, the amendments also established reasonable exceptions to the 24-hour rule, including actions related to emergencies, minor matters that arise after the notice is published and do not involve contractual or financial obligations, and minor matters raised by a resident or taxpayer during the meeting.

The 2021 amendments further allow an agency to change its agenda during a meeting by a majority vote, provided the change is announced to those present before the vote.

“Due to the way this section of the Sunshine Act is written, the Pennsylvania Supreme Court interpreted this majority vote procedure as a valid exception to the 24-hour rule. This allows the 24-hour rule to be circumvented by allowing virtually any matter to be considered without giving the public 24-hour notice,” Freeman said.

“I believe this runs contrary to the intent of the 24-hour rule and the Sunshine Act, which is to give the public a reasonable opportunity to be informed about matters that will be discussed at meetings of their local municipality, school district, and commonwealth agencies. My legislation would clarify the Sunshine Act by explicitly defining the three exceptions and limiting the majority-vote procedure to only these specific exceptions.”