LGH exempt from Sunshine Law

What are the laws governing these meetings? Are John Lines and LGH breaking the law?
A quick google returned this excerpt:

A 2003 publication from the Governor’s Center for Local Government Services entitled “Open Meetings/Open Records: The Sunshine Act and the Right to Know Law” notes:

“Recording Devices
The Sunshine Act allows persons attending public meetings to record the proceedings with recording devices.

This right extends to the use of videotaping equipment. (1) Public agencies are permitted to adopt reasonable rules governing the use of recording devices.

Persons who attend and verbally participate in public meetings must expect to have their statements recorded. (2)

Since zoning hearing board hearings are public meetings under the terms of the Sunshine Act, any citizen has a right to tape record the session.

Individuals speaking at the hearing must expect to have their statements
recorded. They can have no expectation of privacy which would afford them protection under the Federal Wire Tap Act.

References
1. Hain v. Board of School Directors of Reading School District, 641 A.2d 661, 163 Pa.Cmwlth. 479, 1994.
2. Harman v. Wetzel, 766 F.Supp. 271, E.D. Pa., 1991.”

The PA Sunshine Act itself says:

“Section 711. Use of equipment during meetings
(a) Recording devices. Except as provided in subsection (b), a person attending a meeting of an agency shall have the right to use recording devices to record all the proceedings. Nothing in this section shall prohibit the agency from adopting and enforcing reasonable rules for their use under section 710 (relating to rules and regulations for conduct of meetings).”

EDITOR: Chair Alexander Henderson announced at the outset of the meeting that the only requirement the Public Charity has is to hold an annual meeting open to the public. He said LGH has no obligation to allow photographs or video recording. We don’t doubt his interpretation of the law, but we find the attitude to be outrageous and contrary to LGH’s mission to serve the public.

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1 Comment

  1. While it is true they may NOT be required to allow recording by law – it still should cause concern when that much power and money is operating in a star chamber mentality here in this small pond.

    It speaks volumes of their cavalier attitude and sense that they are above and beyond the citizens they impact.

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