D. Interviewing judges



10. Fines. M4C10

65 Pa. Cons. Stat. §  714 provides that any “member of any agency who participates in a meeting with the intent and purpose by that member of violating this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $100 plus costs of prosecution.”

B. Anonymous juries



(6). Penalties and remedies for failure to give adequate notice. M1E2B6

Same as for regular meetings in the event of a violation.

I. Economic development records.

(This section is blank. See the point above.)

2. Purpose of request.

The Act states that a commonwealth, local, legislative or judicial agency “may not deny a requester access to a record due to the intended use of the record by a requester unless otherwise provided by law.” Sections 301(b), 302(b), 303(b) & 304(b); see also Section 703 (“A written request need not include any explanation of the requester’s reason for requesting or intended use of the records unless otherwise required by law.”). Indeed, agencies are forbidden from even asking for this information.

d. Requirement to meet in public before closing meeting. M1E3D

The Sunshine Act is ambiguous about whether agencies must meet publicly before closing a meeting and going into an executive session. See 65 Pa. Cons. Stat. §  708(b). Presumably, when an executive session is announced for a specific future time, no prior public meeting is required. However, although the purpose of an executive session may be announced after the session, §  708 may arguably be read to require some prior public announcement that an executive session will be held. No cases address this issue.

e. Other.

Under the Act, an agency may not limit the number of records sought. Section 1308 (prohibiting agencies from establishing policies or regulations that include a “limitation on the number of public records which may be requested or made available for inspection or duplication.”). This is consistent with cases applying the old act. Hunt v. Pennsylvania Dep’t of Corrections, 698 A.2d 147 (Pa. Commw. Ct. 1997) (“No provision of the Right to Know Act limits a person seeking information to a single request.”).