Notice

Important Sunshine Act Update - PA Supreme Court Reverses Commonwealth Court on Act 65 Meeting Agendas

Case Overview

Coleman v. Parkland School District (No. 33 MAP 2024)

The Pennsylvania Supreme Court has reversed the Commonwealth Court’s 2023 ruling that restricted local governments from amending public meeting agendas.

Act 65 of 2021 amended the Sunshine Act to require agencies to publish agendas for public meetings at least 24 hours in advance. These agendas must list all items that may be discussed or acted upon at any public meeting. Agencies were limited to considering only those items published in advance, subject to four statutory exceptions.

In Coleman, a resident challenged the Parkland School Board’s decision to amend its agenda during a meeting to approve a teachers’ contract that had been ratified earlier that day. Parkland’s School Board used the fourth statutory exception by amending the agenda by a majority vote of the board.  The Supreme Court examined Section 712.1 of the Sunshine Act and focused on the use of the word “or” in the list of exceptions.

The Court held that when an agency deems it necessary to act on business outside the published agenda and amend the agenda at the same meeting, it must:

• Conduct a separate vote to amend the agenda,
• Notify the public of the substance of the new matter,
• State the reasons for adding the item retroactively at the meeting, and
• Publish the votes of members who supported the amendment and the amended agenda.

This interpretation from the Supreme Court reinforces the importance of the 24 hour notice rule while also allowing flexibility through transparency and accountability.

What This Means for Borough Councils

• Agendas must still be published at least 24-hours before each public meeting.
• All foreseeable items of consideration or deliberation should be listed in advance.
• Borough councils may now rely on the full set of four statutory exceptions under Section 712.1, which includes the following: 

1. Emergency Business – Action may be taken on matters involving a clear and present danger to life or property, even without prior public notice.

2. Business Arising Within 24 Hours Before the Meeting – Action may be taken if the matter arises within 24 hours of the meeting and is de minimis (not involving funds, contracts, or agreements).

3. Business Raised During the Meeting – If a resident or taxpayer raises a matter, council may refer it for future consideration or act immediately if it is de minimis and does not involve funds, contracts, or agreements.

4. Agenda Changes by Majority Vote – Council may add items to the agenda during the meeting by majority vote of council, provided the reasons are announced before the vote. The amended agenda must be posted online and at the borough office no later than the next business day.

Advisory

The Pennsylvania State Association of Boroughs (PSAB) recommends that borough officials consult with their solicitor to ensure compliance with this Supreme Court decision and the Sunshine Act.

• Court Decision: Coleman v. Parkland School District
• Sunshine Act Text: Link to statute

Disclaimer: PSAB does not provide legal opinions or legal services. This update is for informational purposes only.