Pittsburgh, PA
Legal Intelligencer
(by Steve Korbel, Anna Jewart and Anna Hosack)
Last week, thousands of newly elected public officials took office across Pennsylvania and began their duties. Whether beginning a first or fifth term, those in public office must review their obligations regarding open meetings and public engagement. Several statutes in Pennsylvania impose open meeting, public comment, and advertising requirements. This “cheat sheet” will focus on the most common requirements for local governments, and specifically will address two key statutes: the Pennsylvania Sunshine Act, 65 Pa.C.S. § 701–716 (the “Sunshine Act”) and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq, (the “MPC”), which local government officials are likely to come across in their duties.
The Sunshine Act is the primary “open meetings” law for the Commonwealth of Pennsylvania. Its intent is to promote the right of the public to be present at all meetings of public agencies and to witness the deliberation, policy formulation, and decision-making of those agencies. In general, it requires that agencies, including local governing bodies and their committees, take official action at a public meeting. The MPC is the statute that authorizes local zoning and other land use regulations. It sets additional requirements for actions involving zoning, subdivision, and land development.
The Sunshine Act and MPC are not the only statutes that regulate how official action is taken. Municipal enabling legislation such as the Borough Code, 8 Pa.C.S. §101 et seq., First Class Township Code, 53 P.S. §55101 et seq., and Second Class Township Code, 53 P.S. §65101 et seq., impose advertising and other requirements for the approval of ordinances, bidding processes, approval of budgets, and other matters. …