Jan 31, 2026 3 min read

An article published earlier this month by Center Square began with two paragraphs that are deserving of elaboration. First, the paragraphs in question:

— “In December, a Pennsylvania Supreme Court decision ruled that with a majority vote, government entities could add anything to a meeting agenda without first offering public notice.”

— “It’s a loophole created by what legislators say was a poorly written exception within the state’s 2021 Sunshine Act, a law intended to promote transparency in government.”

Lawmakers, whether they be state or federal legislators, deserve criticism for voting on legislation that they haven’t read carefully and completely, that they don’t understand fully, or if they allow the faulty perception of other lawmakers guide their decision on which way to vote.

The issue with the Sunshine Law should be a source of red faces in the halls of the Pennsylvania General Assembly. It is troubling that apparently no lawmaker displayed, by way of careful consideration and attention, expertise in realizing that something was seriously wrong with that “poorly written exception” — that there probably would be a problem if that exception were put to a test before an appeals court.

Thus, if it “passed the test” of leadership, it was right to deliver a resounding “Yes,” and that’s exactly what happened. The 2021 law containing the problem provision received unanimous bipartisan approval in both the state House of Representatives and the Senate.

Unfortunately, now the problem with the provision has been exposed, as well as lawmakers’ inadequate, flawed consideration of what was presented to them for their approval.

The Supreme Court ruling pointed out that Pennsylvania government agencies can add anything they want to a meeting agenda without public notice. While some (hopefully all) agencies may continue to embrace transparency, others could use this loophole to keep controversial agenda items — and members of the public who might object — quiet.

Who knows what has been slipped through the cracks without public knowledge, or what might be in the future, if the problem provision isn’t corrected quickly.

Fortunately, two lawmakers have stepped forward to try to do that. They are Republican Rep. Brad Roae of Meadville and Democratic Rep. Robert Freeman of Easton, both of whom have circulated memos signaling their intent to correct the loophole by way of clarifying legislation.

But as the Center Square article pointed out, until such approved legislation is forthcoming, the Supreme Court’s ruling remains the law of the land, and that’s very troubling.