It’s no secret: We need to keep the sun shining
It’s a regular Tuesday night in any of the area’s boroughs, townships or school districts.
At their monthly meeting, officials are doing the usual things — paying bills, handling citizen concerns, maybe even working on buying a new vehicle.
Neighbors witness an otherwise routine meeting.
Then, halfway through, a board member introduces a proposal to allow a tax break for a new business or industry.
No warning. No public input.
With a quick vote, BOOM. It’s done.
And it’s not something that’s far-fetched.
A state Supreme Court decision last year in a case involving former Parkland School Board member — now state Sen. Jarrett Coleman — who challenged a significant teachers contract vote that popped up smack in the middle of a board meeting without prior notice set the stage for what’s happening now.
As the suit ran its course, lower courts agreed the move went against the state Sunshine Act. The higher court disagreed, allowing additions to a board agenda if a majority agreed to do so.
All they have to do is state a reason for the change, take a separate vote, and repost the changed agenda as soon as possible.
None of that sits too well with critics, who counter with the argument that the ruling undermines the intent of the Sunshine Act, allowing controversial matters like zoning, contracts or personnel changes to skirt public scrutiny.
The ruling, it seems, makes agendas provisional — open to change at any moment by a governing body with its own agenda. It snarls and slows requests for any kind of related paperwork and burdens surprised citizens who may choose to challenge the decision.
Things got easier for government agencies, as the court opened the door to possible abuse and put the brakes on public input.
And since the ruling, there have been calls for lawmakers to make things right.
Two state representatives — Robert Freeman, a Democrat from Easton, and Republican Brad Roae of Meadville — have taken up the cause with a plan to introduce legislation that, hopefully, clears things up.
Their idea is to require that last-minute agenda additions are allowed only for emergencies or truly minor matters.
Freeman says the decision “runs contrary to the intent” of the Sunshine Act to offer constituents a chance to be informed of upcoming matters that will be discussed at meetings of their local government or school board — not to mention commonwealth agencies.
Though the wording is still being crafted, the bipartisan effort’s goal is to restore transparency and maintain trust in government.
Some argue that notice requirements like those that exist slow things down. But any kind of progress shouldn’t shut out the public. Governments already have emergency protocols.
And when speed is the issue, accountability should be considered. Communities seem to function best when the public is treated as a partner, not an afterthought.
The Supreme Court ruling in the Coleman case didn’t create secrecy, but it certainly made things easier for it to occur. Potentially, a once-narrow exception can become a blank check.
Without changes like the ones Freeman and Roae will be introducing, the current setup breeds a weakened sense of public participation that could erode any confidence that exists in local government.
Changing the Coleman ruling may not make every meeting exciting, but it’ll help restore the promise that people deserve fair notice about changes and decisions that affect where they live.
Whether it’s rezoning, a budget or a contract, people need to know and they need time to research and learn. And when agendas become optional, any bit of trust erodes.
Considering the consequences, our local lawmakers should take a hard look at Freeman and Roae’s proposal. It deserves a favorable vote.
Back when the Sunshine Act was proposed and later strengthened, the General Assembly agreed that our government works best when everything’s out in the open.
They made those ideas into law.
The state’s highest court changed that legislation based on a questionable interpretation of part of the law. It’s up to the state House and Senate to change it back.
Their constituents need to know what’s on an agenda before any gavel falls.
ED SOCHA | tneditor@tnonline.com