19257_Authority_June_2026

20 The Authority │ June oLicitor s c o r n e r t he s unshine a ct : u Pdate to m eeting a genda e xcePtions By Caitlyn M. Haener, Esq., Marsh Schaaf, LLP I n addition to other public notice requirements under the Sunshine Act, the 24-hour Notice Rule requires agencies to publish the pre-meeting agenda at least 24 hours in advance of the meeting. 65 Pa.C.S. §709(c.1). The 24-hour Notice Rule requires that the pre-meeting agenda list each matter of agency business that will be or may be the subject of deliberation or official action at the meeting. The pre- meeting agenda must be posted at: a. the meeting place, b. posted at the agency’s principal office, and c. made available to all meeting attendees. d. If the agency maintains a public website, the pre-meeting agenda must also be posted on the website at least 24 hours in advance of the scheduled start time of the public meeting. In order to provide the public with an opportunity for engagement with the business of the agency, the agency may not take official action on any item that was not on the pre-meeting agenda, unless an exception applies. Invoking an exception will allow an agency to take action on a matter of business that was not included in the pre-meeting agenda. History of Three Exceptions There has always been consensus that 65 Pa. C.S. § 712.1(a) provides three exceptions to the 24-hour Notice Rule. a. Emergency Business – when there is a clear and present danger to life or property an agency may take official action at a regular meeting or an emergency meeting regardless of whether public notice was given for the meeting. b. Business arising within 24 hours before the meeting – This exception, also known as the de minimis exception, has two conditions that must both be true: (1) the matter is brought to the attention of the agency within 24 hours of the meeting; and (2) the matter must be de minimis, and does not involve the expenditure of funds or entering into a contract or agreement by the agency. c. Business arising during the meeting – This exception also has two conditions that must both be true: (1) a resident or taxpayer raises a matter of agency business that was not on the pre-meeting agenda; and (2) the matter is brought to the attention of the agency during the meeting, meaning that it was not known to the agency 24 hours prior to the meeting. Options for official action are limited under this exception. In 2023, the Commonwealth Court interpreted the provisions that followed, 65 Pa.C.S. §712.1(e)-(f), to be procedural requirements for the above three exceptions. Under the Commonwealth Court interpretation, both a majority vote to amend the agenda and enhanced minute keeping were required to invoke the §712.1(b)-(d) exceptions. Recognition of the Fourth Exception In 2025, the Pennsylvania Supreme Court heard an appeal to reconsider the 2023 interpretation of 65 Pa.C.S. §712.1(e) by the Commonwealth Court. The Supreme Court decided that there are four freestanding exceptions to the 24-hour Notice Rule under 65 Pa. C.S. §712.1(a). Coleman v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. Super. Ct. 2025). Rather than treating §712.1(e) as a procedure, the Supreme Court ruled that the Majority Vote Clause is a fourth, standalone exception, and outlined rigorous safeguards as further described below. d. Changes to the agenda – An agency must carefully observe the following four steps to satisfy the procedural requirements to invoke this exception. - First, the agency must announce to the public the reason for adding a matter