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Hiding in executive session
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share thisThe words "executive session" often represent a safe haven for elected officials, while, for journalists, they're like a pair of four-letter words.
Executive sessions are permitted under the state's Sunshine Act for various reasons, including the discussion of personnel issues and legal matters, contract negotiations and real-estate dealings. No journalist has ever suggested they shouldn't exist.
The problem, of course, is not their use, but misuse. And most of that, we stand assured, is from a lack of knowledge more than any concerted effort to circumvent the law.
Still, we regularly see examples of suspect executive sessions or other failures to make decisions in public, the most recent having occurred this week with the Mount Carmel Township supervisors.
We must note, however, an example of improved communication regarding executive sessions this week, too. At Thursday night's meeting of Mount Carmel Borough Council, an executive session was announced as such: To discuss "legal and personnel matters pertaining to the former borough manager/secretary Joseph Bass and former administrative assistant/treasurer Marian Muldowney" and "personnel matters pertaining to the Emergency Management Agency Coordinator."
That's more like it. Too often at municipal meetings, it's simply, "an executive session to discuss personnel matters," and the subject of the discussion is never revealed.
Maybe our insistence, and backup criticism from Pennsylvania Newspaper Association lawyers, is helping.
One of those lawyers, Teri Henning, has this statement about the Sunshine Act on the Pennsylvania Freedom of Information Coalition Web site (www.openrecordspa.org/sunshine):
"The main problem with the Sunshine Act is not really the act itself. The real problem with the act ⦠is that public officials ignore it. The penalties under the act are insignificant and very rarely imposed."
As before, we encourage the solicitors who guide local municipal boards - made up of people who have many responsibilities beyond their underappreciated and undercompensated public service - to provide the legal expertise they're paid to provide.
At the same time, there are cases where municipal leaders knowingly misuse executive sessions to avoid public discussion of sensitive issues. To Henning's point, rarely are they penalized for such violations. Nonetheless, here's a final thought, the conclusion of the section regarding executive sessions in the Sunshine Act:
"Nothing in this section or section 707 (relating to exceptions to open meetings) shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of section 704 (relating to open meetings)."
(Heintzelman, editor of The News-Item, writes "The Week In News" for each Saturday edition.)
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