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HomeMy WebLinkAboutMHIDDEI-404 Sunshine Act1 FRANKLIN/FULTON COUNTY MENTAL HEALTH/INTELLECTUAL & DEVELOPMENTAL DISABILITIES/EARLY INTERVENTION 425 Franklin Farm Lane Chambersburg, PA 17202 (717) 264-5387 MH/IDD/EI PROCEDURE STATEMENT PROCEDURE SUBJECT: Sunshine Act PROCEDURE NUMBER: MHIDDEI-404 Effective Date: January 1, 2005 Date Revised: February 1, 2022 Reference: Sunshine Act, 65 Pa.C.S. Sections 701-716 INTRODUCTION: According to the Sunshine Act, "the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision making of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society." Therefore, this Act "declares it to be the public policy of this Commonwealth to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon as provided in the Sunshine Act." PROCEDURE: In order to assist in the interpretation of the Sunshine Act, the following information will apply: The Franklin/Fulton MH/IDD/EI Advisory Board is subject to the Act, as Section .273 Definition defines "Agency" as "The body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business of all the following...any board, council, authority or Commission of the Commonwealth or of any political subdivision of the Commonwealth..." The Subcommittees of the Franklin/Fulton County MH/IDD/EI Advisory Board do not fall under this Act as long as all business is brought to the Board for official action. 2 Contracted provider agencies receiving State and County funding through MH/IDD/EI, which are private non-profit agencies, do not meet the definition of "Agency" and therefore, are not required to follow the Sunshine Act. In regards to the minutes of meetings being distributed or made available for review by persons other than MH/IDD/EI staff or MH/IDD/EI Advisory Board members:  If someone attends the meeting and requests that they be sent a copy of the minutes of that meeting, they will be sent upon approval of the minutes at the next Advisory Board meeting.  If someone who did not attend the meeting requests a copy of the minutes, they need to make the request through the County’s Open Records Request Process.  Other documents distributed at the Advisory Board meeting such as budgets and agendas are also public information. Specific client or employee information, monitoring reports and evaluations of programs are not considered public information due to confidentiality. Items considered public information can be obtained through the County’s Open Records Request. Per Pennsylvania Sunshine law, the Advisory Board meeting schedule will be advertised in the local papers at least one (1) week prior to the first scheduled meeting date and the year’s schedule of meetings will be included. If a meeting date is rescheduled, 24-hour notice is required and will be posted in the local papers. Notice of meetings will also be posted in the MH/IDD/EI Office and on the Franklin County website. If, on the day of the meeting, there is no quorum, the meeting may be canceled. The subcommittees, as previously stated, do not fall under the Act and, therefore, are not required to post a schedule of meetings. MH/IDD/EI will post a written agenda, including a listing of each matter of business that will be or may be the subject of deliberation or official action at the meeting, at the location of the meeting, at the principal office and on the Franklin County website at least 24 hours in advance of the meeting. Once posted, the agenda cannot be changed. If a topic is not on the agenda, the board cannot act, with limited exceptions, with said exceptions set forth below. The agency shall make copies of the agenda available to individuals in attendance at the meeting. Excerpt from Pennsylvania Sunshine Law “65 Pa. Cons. Stat. § 703”. Agencies must publish notice of their regularly scheduled meetings once a year, at least three (3) days before the first meeting. The notice must include the place, date, and time of the first meeting and the schedule for the remaining meetings. Agencies must publish the notice in a newspaper of general circulation and post it in a prominent location at the principal office of the agency or the building in which the meeting is to be held. In addition, agencies must provide copies of the notice to the news media and interested citizens who request a copy and provide the agency with a stamped, self-addressed envelope beforehand. For special meetings, agencies must publish notice in a newspaper of general circulation and post notice (as described above) at least twenty-four (24) hours before the meeting.” A "special meeting" is defined as "a meeting scheduled by an agency after the agency's regular schedule of meetings has been established." Agencies may call emergency meetings without notice under limited circumstances. Executive sessions will be held to discuss any matter related to specific employees (appointment, termination, etc.), client situations or "to review and discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or 3 confidentiality protected by law, including matters related to the initiation and conduct of investigations of possible or certain violations of the law and quasi - judicial deliberations.” Section 280, Rules and Regulations for conduct of meetings, of the Sunshine Act allows the agency to adopt, by official action, the rules and regulations necessary for the conduct of its meetings and the maintenance of order as long as the rules do not violate the intent of the Act. The following rules for the conduct of meetings have been adopted by the Franklin/Fulton County MH/IDD/EI Advisory Board: 1. The agenda will include a public comment section, during which time anyone may voice their concerns or opinions. There will be no other public comment allowed throughout the meeting unless so desired by the Chairperson. 2. In order for a specific individual to address a specific topic and be a part of the agenda, they must call the MH/IDD/EI office to request time on the agenda. These presentations will be allowed ten (10) minutes in entirety and will be limited to two (2) such presentations per meeting. 3. Upon a majority vote of individuals present, the Advisory Board may add a matter of agency business. Reasons for such change must be announced at the meeting prior to the vote to change the agenda. The agency may then take official action on the added agenda item(s). Thereafter, the amended agenda must be posted on the agency’s website and at the principal office no later than the first business day following the meeting at which the agenda was changed. 4. Emergency Business: Official action by the Advisory Board may be taken on a matter relating to a real or potential emergency involving a clear and present danger to life or property regardless of whether public notice was given. 5. Business arising within 24 hours before the meeting: Official action by the Advisory Board may be taken if the matter arises within a 24-hour period prior to the meeting and is de minimis in nature and does not involve expenditure of funds or entering into a contract or agreement by the agency. 6. Business arising during the meeting: If during the meeting a resident or taxpayer brings a matter of business not listed, the Advisory Board may take action to refer the matter to MH/IDD/EI for inclusion on a future agenda or if the matter is de minimis in nature and does not involve expenditure of funds or entering into a contract, the Advisory Board may take official action. 7. If action is taken upon a matter of business per paragraphs 3-6 above, the minutes of the meeting shall reflect the substance of the matter added, the vote on the addition and the announced reasons for the addition.