March 12 through 18 is "Sunshine Week" in Pennsylvania and the celebration is a national initiative to promote a dialogue about the importance of open government and freedom of information.

        We wrote about this last year and we'll remind our readers and officials again: The Commonwealth's Sunshine Act was signed into law 31 years ago and requires meetings be public, with specific exceptions. An amendment requires that "official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public unless those exceptions apply."

        One of the exceptions permitted is "[t]o consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or with issues on which identifiable complaints are expected to be filed."

        Before going into an executive session or upon leaving one, most municipal leaders simply announce that they are having an executive session regarding "Pending Litigation."  That's not good enough.

        In a 1993, the Pennsylvania Court of Common Pleas rendered a decision against the city of Reading that was upheld, upon appeal, by the Commonwealth Court.

        The decision held that city council had to give a specific reason before calling a private, executive session. In their finding the Court wrote, in part, that the general nature of the complaint has to be announced when an executive session is called to discuss it.  The level of identification is appropriate because the action has not been or may not be filed.

        To expand beyond the "litigation" exemption, the court also wrote, "The reason given, of course, must be meaningful.  It must be more than some generalized term which in reality tells the public nothing. To simply say 'personnel matters' or 'litigation' tells nothing.

        The reason stated must be of sufficient specificity to inform those present that there is reality, a specific discrete matter or area which the board had determined should be discussed in executive session.

        "When a board chairman tells a citizen he may not hear the board discuss certain business, he is taking liberties with the rights of that citizen, and the reason given for this interference must be genuine and meaningful, and one the citizen can understand.  To permit generalized fluff would frustrate the very purpose of the Act."

        If all you give the public is "fluff" how will they know that the reason for your executive session is legitimate?  And, the public does have the right to question it right then and there.

        In honor of Sunshine Week, The Pennsylvania NewsMedia Association (PNA) and the Pennsylvania NewsMedia Association Foundation will be presenting a panel discussion and luncheon on March 14 at the Widener University Commonwealth Law School, 3800 Vartan Way in Harrisburg. Attorneys are also invited to register and attend.  They can receive Continued Legal Education (CLE) credit upon registration, payment and attendance. 

        The luncheon and panel discussion are free and open to members of the public, however RSVP is requested by March 10.  The cost for lawyers planning to attend to obtain CLE credit is $30.

        Any municipal solicitor, actively serving a municipality in our coverage area (as defined on the masthead of our front page) who signs-up, attends and receives the CLE credit for successful attendance at the March PNA event can bring their receipt and CLE credit certificate for attending the event over to the office of the Town and Country Newspaper and we'll gladly reimburse you the $30.

        A municipal solicitor represents municipal officials and the municipality, not necessarily the residents, and that's their job. We think an update, and keeping the people informed about their right to know, is always in order – and money well spent.