What Residents Need to Know About the Pennsylvania Sunshine Act

Contact our municipal law attorneys to learn more about the PA Sunshine Act legal requirements.

The purpose of the PA Sunshine Act is relatively simple; however, the many nuances of the Act can be complicated. If you believe a government agency has violated the Sunshine Act, and you want to file a claim against them, the experienced Municipal Law Attorneys at Bingaman Hess can help determine if you have a valid case and help you navigate the process.

What is the PA Sunshine Act?

The primary purpose of the PA Sunshine Act is to prevent government agencies from making decisions without the knowledge of and input from the public. "The Sunshine Act requires agencies to deliberate and take official action on agency business in an open and public meeting," the Office of Open Records (OOR) explains.

Let's break that definition down:

Agency is any state or local government body and sub-units appointed by that body to "perform an essential government function and exercises authority to take official action or render advice." This includes authorities, boards, councils, committees, and commissions.
Deliberate is any discussion of agency business for the purpose of making a decision.
Official Action includes the following:

Recommendations made by an agency according to statute, ordinance, or executive order.
The establishment of policy by an agency.
The decisions on agency business made by an agency.
The vote taken by any agency on any motion, proposal, resolution, rule, regulation, ordinance, report, or order.

Agency Business is "the framing, preparation, making or enactment of laws, policy or regulations, the creation of liability by contract or otherwise or the adjudication of rights, duties, and responsibilities."
Meeting is defined as "any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action."

An Agency's Responsibilities Under the PA Sunshine Act

Under the PA Sunshine Act, regarding meetings, agencies are required to do the following:

Give at least three days' notice before the first regularly scheduled meeting of the calendar or fiscal year and additional scheduled meetings for the remainder of the calendar or fiscal year.
Provide at least 24 hours’ notice of special or rescheduled public meetings.
The notice must include the meeting's date, time, and location.
The notice must be printed in a paid newspaper and posted at the meeting location.
Post the agenda for all regular and special public meetings at least 24 hours in advance, including all issues to be deliberated on and any planned official action. Only minor changes can be made after the agenda has been issued.
The agenda should be available at the agency's office, the meeting site, on any agency websites or social media platforms, and at the meeting.
Allow the public to attend meetings.
Allow reasonable opportunities for the public to comment on issues that are or may be before the board's decision. The agency can establish specific rules, such as limiting the time permitted to speak.
Allow the public to ask questions (the agency is not required to answer the question) during meetings.
Allow the public to record (video or audio) the meetings (agencies may institute rules regarding recording devices to avoid disruptions).
Take minutes that include the time, date, location, members present, information about all official actions taken during the meeting, how each individual voted, the names of all citizens who spoke, and a summary of their comments.

Exceptions to the PA Sunshine Act

There are some circumstances in which agencies can conduct closed meetings and are not required to allow the public access, such as conferences, specific working sessions, and Executive Sessions. The reason for an Executive Session must be announced in the public meeting before or immediately after the Executive Session, and no official action can be taken during the Executive Session.

The following are reasons an agency may hold an executive session:

To discuss personnel matters;
To hold an information, strategy, and negotiation session related to the negotiation of a collective bargaining agreement;
To consider the purchase or lease of real property;
To consult with an attorney about active or pending litigation;
To discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law;
To Discuss certain academic matters (this reason is limited explicitly to certain institutions of higher education) and
To discuss specific public safety issues if disclosure of the information discussed would be reasonably likely to jeopardize or threaten public safety, preparedness, or public protection.

What to do if an Agency Violates the PA Sunshine Act

You can object during the meeting if you think there is a violation. You can also file a complaint with the Commonwealth Court for state agencies. For local agencies, you can file a complaint with the Court of Common Pleas within thirty days of the meeting or within thirty days of discovering an infraction during a closed meeting. The burden of proof will be on you.

An agency member found to have willfully violated an act can face criminal charges and fines of $100 to $2,000, which must be paid personally (not by the agency). Sometimes, the court will also assess attorney fees to the plaintiff.

Trust Our Experienced Municipal Law Attorneys

The municipal law attorneys at Bingaman Hess represent many individuals and corporate clients with municipal transactions and various other municipal matters, including Sunshine Act violations.

If you have any questions or need help navigating the process, call us at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.