Daylight Savings and Sunshine

If you missed it, Daylight Saving Time began yesterday, Sunday March 11, and so too did the National Sunshine Week.

According to SunshineWeek.org, the event is for, "newspapers, magazines, broadcasters, Web sites and others [to] continue a dialogue about the importance of open government to the public".

In Sunday's Morning Call, Mark Scolforo of The Associated Press, wrote an article, "Lawmakers may revise unpopular open-records law" (read it here) that addressed the poor condition of the state's public records access. In the article it notes that, "Open-records advocates have long sought to define all Pennsylvania government records as public records, then provide a list of specific exceptions – the approach most other states currently take." However, "For 50 years, Pennsylvania law has guaranteed access only to accounts, vouchers, contracts, minutes, orders or decisions – and court rulings have further narrowed the definition."

On a local level, in the Borough of Nazareth in particular, significant gains were made in regard to compliance with the State Sunshine Law (read the law here) after significant pressure and a lawsuit filed by resident Bernie O'Hare.

• In July during discussions regarding the new Government Center, Councilman Davis provided background on the committee based on a question I asked. During his explanation he stated that the committee was in compliance with the Sunshine Law because they didn't have a quorum.
• I questioned this assertion on the basis that the committee did not announce its meetings, nor did it make its meetings open to the public. Therefore they were not in compliance with the law.
• Solicitor Pierce contended the meetings did not need to be open and were not subject to the law.
  
• Resident Bernie O'Hare filed a suit against the Borough.
• In the fall, Councilman Bowers elected to again hold meetings in violation of the Sunshine Law for the transition Committee.
• When residents, specifically Becky Butz, challenged these meetings to be open to the public, Council declared they would check with the Bank to see how they could accept people (the meetings were being held there).
• Butz gained access to the meeting, but was told the public could only sit and watch. No comment or questions were allowed.
• Following the incident, Councilman Bowers was removed from the chairmanship and Councilman Herbst replaced him.
• Herbst then made a motion that as a matter of procedure all meetings would be open, unless they couldn't be (legal and personnel discussions). Until that time, Committee Chairs could decide if the meetings would be announced or made open to the public.
  

It took months of work by many different individuals, but significant progress was made.

The issue at the Borough level was obviously noted by others. Earlier this year School Board Director Tom Maher questioned his fellow members in regard to Sunshine Law Compliance during an Executive Session. He brought the matter up publicly as well, apparently not in agreement with the decision that it was compliant. Whether or not Maher was correct, the important thing for the public is that the issue is top of mind with at least some of our elected officials and that is a good thing.

If you want to learn more about Sunshine Week, the organization also has a blog you can read.