Sunshine Act Violation Reporting ft. Millcreek Township Flock Meeting
I'm sure some of you saw the absolute show that the April 28th Supervisor's Meeting was. So I figured I should spread some civic knowledge. If anyone is told they are not allowed to speak during a public comment period this violates the Sunshine Act so long as they are a taxpayer. While some people may try to say that you need to be a taxpayer directly to the municipality not only is the enforcement of this incredibly questionable (since they would need to get into vetting or proving this in some way which is unreasonable) but even if you live in a surrounding area there are many ways that your taxes still go to surrounding municipalities indirectly. And just because they pass through several different buckets/hands it doesn't mean that your taxes don't still make its way back to a given municipality that you do not directly reside in. Even though the Sunshine Act states that reasonable restrictions can be made on who can speak it is not intended to be used this way.
So if you happen to find yourself being barred from speaking, here is some important information every citizens should have:
Ways to Report Violations:
- Civil Lawsuit: File a petition in the Court of Common Pleas in the county where the agency is located to invalidate actions taken during illegal meetings, mention the Sunshine Act violation: https://www.pacourts.us/courts/courts-of-common-pleas/individual-county-courts/erie-county
- District Attorney: File a private criminal complaint with your local county DA's office. Violations can be crimes: https://eriecountypa.gov/departments/district-attorneys-office/county-detectives/private-criminal-complaints/
- ACLU: File a complain with the ACLU: https://complaints.aclupa.org/
To Do:
- Document Everything: Note dates, times, attendees, and the specific nature of the violation (e.g., meeting in secret, no public notice, or no public comment opportunity).
- Raise the Issue: Formally complain at the meeting or send a written objection to the agency board.
- Seek Counsel: Consider consulting an attorney, as Sunshine Act litigation can be complex.
Notes:
- There does not appear to be a way to report Sunshine law violations directly, the Office of Open Records handles some training for violators, but it is after the fact.
- File a lawsuit in the local Court of Common Pleas within 30 days of an improperly closed meeting or 1 year of a violation.