The state House of Representatives has passed legislation that would clarify exceptions to the 24-hour rule for meeting agendas under the Sunshine Act.

Rep. Robert Freeman, D-Northampton, introduced House Bill 2146 in response to a November decision by the Pennsylvania Supreme Court. The state Supreme Court ruled in Coleman v. Parkland School District that the Parkland School District had appropriately used an exception when it added a union contract that had been agreed upon by the school district and union to the agenda that night by majority vote and then approved the contract later in the same meeting. Many disagreed with the decision, saying it weakened the state’s Sunshine Law by making it easier for government to hide action items until the last minute when the public wasn’t paying attention.

“My legislation would strengthen transparency at public meetings by ensuring residents have sufficient time to review and understand upcoming meetings that affect their daily lives. An informed and engaged citizenry is essential for a thriving democracy,” said Freeman, D-Northampton, who chairs the House Local Government Committee.

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. Handling of last-minute agenda additions was discussed several times earlier this year by Warren County School District board members as they discussed aligning the district’s policy with state law.

“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 permitting 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 municipalities, school districts and commonwealth agencies. My legislation would clarify the Sunshine Act by explicitly defining the exceptions and limiting the majority-vote procedure to only these specific exceptions.”

The House Local Government Committee amended H.B. 2146 to add a new category of exceptions to the 24-hour rule for minor administrative approvals that were inadvertently omitted from the agenda and that, if delayed until the next meeting, would cause hardship.

H.B. 2146 had bipartisan sponsors and was approved 193-9 with Rep. Kathy Rapp, R-Warren, voting in favor of the bill. It will now be considered in the state Senate.