r/EriePaPolitics

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.

Letter sent to Erie county council following the questions that arose regarding cell phone policy:

Erie County Council
Erie County Courthouse
140 West Sixth Street
Erie, Pennsylvania 16501

Re: Public Right to Record County Council Meetings — Pennsylvania Sunshine Act, 65 Pa.C.S. § 711

Dear Members of Erie County Council:

I write on behalf of members of the public who intend to attend the Erie County Council meetings to formally notify the Council that we expect to exercise our statutory right to record meetings using our personal cell phones, as expressly guaranteed by the Pennsylvania Sunshine Act, 65 Pa.C.S. § 711.
Statutory Right to Record Public Meetings
Section 711(a) of the Pennsylvania Sunshine Act is unambiguous: “A person attending a meeting of an agency shall have the right to use recording devices to record all the proceedings.” This right is not discretionary. It belongs to any member of the public who attends a meeting that is open to the public, regardless of whether they are a member of the press, an activist, or an ordinary constituent. The right applies to audio and video recording alike. See Hain v. Board of School Directors of Reading School District, 641 A.2d 661 (Pa. Cmwlth. 1994).
Erie County Council, as a governing body of a political subdivision of the Commonwealth of Pennsylvania, is squarely within the definition of “agency” under 65 Pa.C.S. § 703. Its public meetings are therefore governed in full by the Sunshine Act, including the recording rights codified in § 711.
The Courthouse Cell Phone Policy Cannot Override State Law
We are aware that the Erie County Courthouse currently enforces a policy requiring visitors to lock their cell phones in security pouches or storage bags upon entry. We do not dispute that courthouses may impose reasonable security measures in certain contexts. However, when that policy is applied to members of the public attending a Sunshine Act–covered meeting of the County Council, it directly conflicts with — and is preempted by — state law.
Section 710 of the Sunshine Act permits agencies to adopt “rules and regulations necessary for the conduct of its meetings and the maintenance of order,” but critically specifies that “[t]he rules and regulations shall not be made to violate the intent of this chapter.” The Pennsylvania Office of Open Records has confirmed that while agencies may adopt reasonable rules governing how recording devices are used (for example, to avoid disruption), such rules “cannot be an attempt to prevent a member of the public from recording a meeting.” A blanket policy that physically disables attendees from using their recording devices — by locking phones in a bag for the duration of the meeting — is precisely such an attempt. It does not regulate the manner of recording; it eliminates the right entirely.
Expectations for Erie County Council Meetings
We respectfully but unequivocally inform the Council of the following expectations for council meetings moving forward:
1.  Members of the public attending Council meetings will bring their cell phones into the meeting room and will use them to record the proceedings, as is their right under 65 Pa.C.S. § 711.
2.  Any attempt by courthouse security or Council staff to confiscate, disable, or require the storage of attendees’ cell phones as a condition of entry to — or continued attendance at — the Council meeting will be understood as a violation of the Sunshine Act.
3.  Any such violation will be formally objected to on the record at the meeting pursuant to 65 Pa.C.S. § 710.1(c), and we reserve all rights to seek judicial relief in the Erie County Court of Common Pleas, as permitted under 65 Pa.C.S. § 715.
We are not asking the Council to abandon all security considerations. We simply ask that the Council coordinate with courthouse administration to implement an exception to the cell phone pouch policy that allows Council meeting attendees to retain their phones during the meeting, consistent with the Council’s obligations under state law. This is a straightforward accommodation, and it is legally required.
We hope to attend Council meetings as engaged and law-abiding members of the public, and we trust that the Council will fulfill its Sunshine Act obligations accordingly. Please confirm receipt of this letter and advise us of any steps the Council intends to take prior to the meeting.

Respectfully,

Resident of Erie County, Pennsylvania

Legal References
Pennsylvania Sunshine Act, 65 Pa.C.S. §§ 701–716
§ 711(a) — Right to use recording devices at public meetings
§ 710 — Agency rules may not violate the intent of the Act
§ 710.1(c) — Right to object to perceived violations on the record
§ 715 — Jurisdiction and venue for judicial relief (Court of Common Pleas)
Hain v. Board of School Directors of Reading School District, 641 A.2d 661 (Pa. Cmwlth. 1994) — right to record extends to video
PA Office of Open Records — Sunshine Act FAQ (openrecords.pa.gov)

Statement from Rock Copeland.
Thank you.