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Solicitor: policy 903 and state open-meetings law do not require public comment at committee meetings
Summary
After a public complaint about being barred from speaking at a committee meeting, the district solicitor explained that board policy 903 and Pennsylvania open-meetings rules provide for public comment at regular and special board meetings but not at committee working meetings; board members debated whether to change the policy.
A community member’s complaint that the public was not allowed to speak at an Aug. 11 committee meeting prompted a legal explanation at the York City School District Board meeting on Aug. 20.
Solicitor Attorney Gettleman told the board that “The Sunshine Law requires boards ... to provide reasonable opportunity at each regular board meeting and at each special board meeting for residents or taxpayers or both to make comment.” He said the district’s Policy 903, “public participation,” conforms with that legal requirement and that committee meetings are not required forums for public comment because they are working sessions where no official action is taken.
Why it matters: The distinction matters for when members of the public can address the board on agenda items. A resident, Tanoa Nishi Sweeney, told the board she was told she could not speak at the committee meeting on Aug. 11 and that the policy number was not initially provided. Her written statement said Policy 903 permits public comment at a committee meeting only at the discretion of that committee and that Aug. 11 had been a whole-committee meeting.
Board reaction: Board members expressed differing views. Director Supe said she favored creating a public comment segment for committee meetings, suggesting a short period for comments without back-and-forth. By contrast, another director said committee meetings are “working meetings” used for information gathering and questioned adding public participation because it could “muddy the water.” President Kennedy and others reiterated the district offers multiple other public-engagement opportunities, including regular board public comment periods, “listen and learn” sessions and faith-based meetings, and that members may meet individually with Superintendent Dr. Berry for questions.
What was not changed: No formal motion or vote to revise Policy 903 was made during the meeting. Attorney Gettleman said the board may change its policy later if it chooses, but it is not legally required to allow public comment at committee meetings.
