Sunshine Week is next week and it is always a good time to remind Pennsylvania residents of their right to know what's going on in their state and local governments.

            What are the Sunshine Act and the Right to Know Law?

            The Sunshine Act and the Right to Know Law are Pennsylvania's primary public access laws. These laws guarantee the public's right to access government information at public meetings and through public records. Public access to meetings and records is fundamental to the public's ability to understand government actions and hold government officials accountable.

            The Sunshine Act applies to public agencies, which include Pennsylvania executive branch agencies, the General Assembly, and municipal authorities, such as township boards of supervisors and local school boards. The Act requires agencies to hold public meetings any time a quorum deliberates agency business or takes official action. As with many laws, there are exceptions to the public meeting requirements of the Sunshine Act, but the law begins with a statement of intent, stressing the right of the public to witness the decision-making process to ensure that the democratic process functions properly.

            The Right to Know Law applies to executive branch agencies and local agencies, including school districts, townships, other municipalities, and authorities. The law also applies on a limited basis to the General Assembly and to the court system's financial records. The law begins with the presumption that records in the possession of government agencies are public records and must be provided within the framework of the law. There are exemptions to the law that allow agencies to deny public access, but the law places the burden of proof on an agency to show why a requested record is not public.

            The Sunshine Act permits anyone attending a public meeting to object to a perceived violation at any time during the meeting. Additionally, for state agencies, a member of the public can file a legal challenge with the Commonwealth Court. For local agencies, a member of the public can file a legal challenge with the local Court of Common Pleas.

            Any legal challenge must be filed with the appropriate court within 30 days of the public meeting in which the alleged infraction occurred. If the alleged infraction occurred during a closed meeting, the legal challenge must be filed within 30 days of the discovery of the infraction, as long as it is no longer than one year from when the meeting was held.

            In addition to being assessed attorneys' fees, any member of an agency who is found to have willfully violated the Act can face criminal charges and be subject to fines of $100 to $1,000 for the first offense, and $500 to $2,000 for the second offense. Any fine must be paid personally; an agency cannot pay the fine.

            Remember, open government is good government.