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So Much to Learn
2019-12-04

            The time is drawing near for the newly elected municipal and school officials to take their seats.  Hopefully, the election winners are preparing themselves to serve the people of their communities to the best of their abilities.

            Four weeks ago we addressed the duties of the solicitor.  Two weeks ago we addressed the "closed door" meetings or executive sessions.

            Today, it's about the public comment period at the meetings.

            The Pennsylvania Office of Open Records (OOR) offers a wealth of information for citizens and elected officials.  You can read the policy and much more on its website at www.openrecords.pa.gov/SunshineAct.cfm.  We encourage our readers to see what their rights are.

            The Sunshine Act gives the public the right to comment on issues "that are or may be before the board." Agencies must provide a reasonable opportunity for residents and/or taxpayers to comment on an issue before a decision takes place.  Agencies are permitted to establish rules to oversee public comment like limiting the time for each commenter. The OOR encourages agencies to take care when imposing time limits on public comment. Three minutes is a common limit and may be more than enough at most public meetings.

            However, it may not be adequate at certain meetings, such as when a complex draft budget is being discussed. It can be a good practice to allow for flexibility in any policy imposing time limits on public comment, taking care to ensure that the agency does not show partiality to some commenters over others. Agencies are also permitted to limit comment to residents and taxpayers of the area served by the agency.

            Public commenters are permitted to ask questions although members of the agency are not required to provide an answer, but it is a good practice to do so whenever possible. Answering questions can demonstrate a commitment to helping constituents and, in many cases, answering questions informally at a public meeting can reduce future requests under the Right-to-Know Law, which saves time and money for both the agency and the commenter/requester.

            As part of the regular minutes, and this is a biggie that most municipalities gloss over, the minutes also must list all members of the public who participated in the public comment period and a summary of their comments.

            Those who make public comments at a meeting are encouraged to check the minutes of the meeting to make sure you and your comments were documented.  This will save many headaches for you in the future.  If your comments were misrepresented, you have the opportunity to address that at the next public meeting, before minutes of that meeting are approved.

            Of course, to do that you need access to the minutes before they're approved – something not all municipalities and school districts do.           

            And, yes there a penalties for public officials who violate the Sunshine Act.

            It is important for elected officials and those they represent to know their rights and respect each other.

            There is so much to learn on both sides.


 

 

 

 

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