Pennsylvania Supreme Court Renders Important Decision Interpreting the Sunshine Act
Alexa Martin
In November 2025, the Pennsylvania Supreme Court rendered an important decision regarding the interpretation of Section 712.1 of the Sunshine Act. When enacting the Sunshine Act, the General Assembly emphasized the importance of government transparency, finding that the right of the public to be present at agency meetings is vital to the democratic process.
Section 709 of the Sunshine Act requires an agency, if it has a website, to post its agenda on its website no later than 24 hours in advance of a public meeting. Section 712.1 of the Sunshine Act generally prohibits an agency from taking official action on items not listed on the pre-meeting agenda pursuant to the 24-hour Notice Rule. However, Section 712.1 provides exceptions to this general prohibition. In Coleman v. Parkland School District, the Pennsylvania Supreme Court clarified the scope of these exceptions.
The Court held that Section 712.1 creates four freestanding exceptions to the general prohibition that an agency cannot take official action on items not listed on the pre-meeting agenda. According to the Court, those exceptions are as follows: (1) emergency business concerning a clear and present danger to life or property regardless of whether public notice was given for the meeting; (2) business arising within 24 hours before the meeting that is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement by the agency; (3) business arising during the meeting raised by a resident or taxpayer; or (4) if the agency determines by majority vote to add an item to the published agenda for official action at the beginning of the meeting.
The Supreme Court’s Coleman decision confirms that agencies can vote to add items to an agenda during a meeting and then act on the newly added items at that meeting so long as the procedural requirements of Section 712.1 are followed. Specifically, the agency must conduct a separate vote from that which decides the new business, and the reason for the changes to the agenda shall be announced at the meeting before any vote is conducted. If the vote is successful, the agency may take official action on the matter added to the agenda. The agency must also post the amended agenda on the agency’s website no later than the first business day following the meeting at which the agenda was changed. Lastly, the meeting minutes must reflect the matter added, the vote on the addition, and the announced reasons for the addition.
The Coleman decision is expected to provide for greater government efficiency. If you have any questions about the Sunshine Act or the Coleman decision, please contact a Municipal Law attorney at Appel Yost.