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For Immediate
Release
6/1/09
 
Senator Lloyd Smucker
Floor Remarks – Sunshine Penalties Bill (SB 101)
Although many Pennsylvanians are understandably focused on
economic difficulties, and tax and spending matters, they still want to see
action on reform.
This bill provides a reform step that is simple, effective,
and long overdue. The penalty section is the notorious weak point in a fairly
good Sunshine Law. The penalties have not changed since the current law was
approved in 1986.
Why do we need to change this? A Lancaster County grand
jury convened to review wrongdoing that arose from months of secret meetings
strongly recommended strengthened penalties. A councilman in a major city,
confronted with the discovery of a secret meeting, responded: "I don’t care
about the Sunshine Law. I don’t know who cares about the Sunshine Law, and I’m
not sure whether it was broken or not." Those are the sorts of situations that
people really want us to respond to and remedy.
Insufficient penalties undermine the public interest in two
critical ways. They do not deter decisionmakers from erring on the side of
secrecy. They do not justify enforcement efforts by officials who have a lot of
other crimes to chase after.
A Sunshine Law has to depend on good faith compliance. It
is impossible to police the thousands of jurisdictions to which it applies, or
to monitor the tens of thousands of meetings held. Stronger penalties will make
officials more careful about complying with open meeting requirements. It might
make them less inclined to have the solicitor concoct strained interpretations
to okay private meetings. And stronger penalties should provide incentive to
prosecute the blatant violations.
Some groups oppose the bill because it applies to officials
who are uncompensated. The price the public pays for improper decisions is the
same, no matter if the errant officials are highly compensated or working for
free. Plus, the penalties apply to intentional violations, not to innocent
mistakes.
Prior to my election to the Senate, I served as a township
supervisor. So I know how Sunshine works in practice. I respect the purpose of
the law. And I understand why upgraded penalties are needed, for the public
interest and for public confidence.
This is reform – legitimate, practical, and necessary.
Senate approval now gives hope this significant reform can become law this
session.
Contact:
David Atkinson
(717) 787-6801
Additional Information:
Reforming
Government
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