I. Sunshine Act Ordinance

Description: This local Ordinance imposes specific duties on local governmental officials to carry out their responsibilities under Pennsylvania’s Sunshine Act. Specifically, this Ordinance requires the local government to copy and provide public records upon request to any citizen of the Township or Borough and enables citizens to access Borough or Township records during regular business hours. It also expands the ability of citizens to make public comment at meetings.

Section One. Purpose. The [Local Government] finds that there exists a core democratic right of the public to participate in all aspects of local government, and that the Sunshine Act of 1986, as amended, P.L. 388, No. 84, requires this [Local Government] to pass this Ordinance to carry out the purpose and the intent of that Act. This Ordinance thus further defines sections of the Sunshine Act. Other sections not addressed by this Ordinance continue to be the law governing meetings and document distribution by [Local Government]

Section Two. Declaration. The [Local Government] hereby declares it to be the public policy of this [Local Government] to insure the right of its citizens to have notice of and the right to attend all meetings of the [Local Government] and to obtain all public documents for review.

Section Three. Definitions.

“Meeting”. Any prearranged gathering of the [Local Government] which is attended or participated in by a quorum of the members of [Local Government] held for the purpose of deliberating agency business or taking official action.

Section Four. Document Request and Production. All documents subject to the jurisdiction of the Pennsylvania Right to Know Law shall be made available to citizens of the [Local Government] within forty-eight (48) hours of the request. Such request shall be written, signed by a resident of the [Local Government] and submitted directly to the office of the [Local Government]. Within twenty-four hours of the submission of the request, the [Local Government] shall contact the individual who submitted the request, and advise that individual that the documents will be made available for review at the [Local Government] office within the forty-eight (48) hour time period for production of the documents.

Section Five. Document Duplication. The first fifty (50) pages of a document production request shall be photocopied free of charge by the [Local Government]. Additional copies, if requested, shall be photocopied at a reasonable rate of reproduction, not to exceed the actual cost of reproduction.

Section Six. Public Participation at Open Meetings. Prior to each separate issue discussed at each [Local Government] meeting, the public shall be given an opportunity to comment. Such opportunity to comment may be limited to ten (10) minutes per individual. If the time allotted is not adequate to hear every member of the public who wishes to give public comment, the issue will automatically be deferred to the next meeting.

Section Seven. Use of Equipment During Meetings. Any person attending a meeting of the [Local Government] shall have the right to use both audio and video recording devices to record any open meeting of the [Local Government]. Electricity necessary to operate such devices shall be provided by the [Local Government].

Section Eight. Minutes of Meetings. Written and audio minutes of all open meetings of the [Local Government] shall be kept by the [Local Government]. To carry out the intent of the Sunshine Act’s requirements dealing with minutes, the following requirements are imposed by the [Local Government]:

1. Written minutes shall be publicly accessible through the provisions of this Ordinance dealing with document request and production;

2. Audio minutes will be stored for a period of one year from the date recorded, and shall be publicly accessible through the provisions of this Ordinance dealing with document request and production, although not subject to transcription for the purposes of photocopying and reproduction. Copies of audio tapes shall be made for public distribution, upon request, to comply with the provisions of this Ordinance dealing with document request and production.

Section Nine. Severability and Interpretation. This Ordinance is intended to provide clarifying details for the enforcement of the purpose and intent of the Sunshine Act and Right to Know Law of the Commonwealth of Pennsylvania. The judicial finding that any portion of this Ordinance is unenforceable shall not affect the administration of the other portions of this Ordinance.