Back to News

Key Sunshine Act Update: Supreme Court Reaffirms Agencies’ Ability to Add Agenda Items by Majority Vote

Published on

December 12, 2025

On November 24, 2025, the Pennsylvania Supreme Court overruled the Commonwealth Court in Coleman v. Parkland School District and found that the 2021 Sunshine Act amendments established four distinct exceptions to the limit on an agency’s ability to take official action on items not listed on a meeting agenda pursuant to the 24-hour notice rule. 

In 2021, the General Assembly amended the Pennsylvania Sunshine Act, 65 Pa.C.S. §§ 701-716, to require agencies to post meeting agendas at least 24 hours in advance of a scheduled public meeting, and placed restrictions on the ability to add new items to a meeting agenda, if those items were not on the publicly available meeting agenda at least 24 hours prior to the meeting.

The Sunshine Act amendments provided four exceptions to the requirement that items be listed on a publicly available agenda before an agency was permitted to take public action:

  1. An agency may take official action on a matter of agency business relating to a real or potential emergency involving a clear and present danger to life or property (§ 712.1(b)).
  2. An agency may take official action on a matter if the matter arises or is brought to the attention of the agency within the 24-hour period prior to the meeting and the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement by the agency (§ 712.1(c)).
  3. An agency may take official action on a matter brought by a resident or taxpayer that was not listed on the meeting agenda, in order to refer the matter to staff, if applicable, for the purpose of researching the matter for inclusion on the agenda of a future meeting, or, if the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement (§ 712.1(d)).
  4. Upon majority vote of the individuals present and voting during the conduct of a meeting, an agency may add a matter of agency business to the meeting agenda. The reasons for the changes to the agenda shall be announced before any vote takes place. If the vote receives majority approval, the agency may subsequently take official action on the added matter. The agency shall post the amended agenda on the agency’s publicly accessible Internet website, if available, and at the agency’s principal office location no later than the first business day following the meeting at which the agenda was changed (§ 712.1(e))

Following the 2021 amendments to the Sunshine Act, the Commonwealth Court opined that subsection (e) was not an independent exception, rather it could only be invoked if one of the other three exceptions were satisfied.

In its Coleman decision, the Supreme Court overruled what it classified as the Commonwealth Court’s “textually unsustainable view” of the Sunshine Act and its 2021 amendment and held the fourth exception stands on its own to permit agencies to vote to add matters to the official meeting agenda and then take action on those newly-added agenda items at that public meeting.

Following this decision, agencies should remain diligent in complying with the specific requirements of § 712.1 of the Sunshine Act by making the meeting agenda publicly available at least 24 hours prior to the meeting and ensure that, even for items added to the agenda during the meeting, the public is given an opportunity to comment before official action is taken. If you have questions regarding the Pennsylvania Supreme Court’s recent Coleman decision or the Sunshine Act generally, please contact Jonah Markle, Dan Desmond, or any member of Barley Snyder’s Municipal Law Industry Group.


Related News

View More News
News Alert
October 30, 2026

New Sunshine Act Rules for Adding Agenda Items

Municipal officials should be aware of an important change to Pennsylvania’s Sunshine Act. On October 22, 2026, Governo...

Learn More
Press Release
October 14, 2026

Barley Snyder Partner Jeff Lobach Inducted into York County Community Foundation’s Professional Advisor Recognition Society

For Immediate Release York, Pa. – Barley Snyder is proud to announce that partner Jeff Lobach has been induc...

Learn More
Press Release
October 13, 2026

Barley Snyder Welcomes Attorney Josiah Lauver to Gettysburg Office

For Immediate Release Gettysburg, Pa. – Barley Snyder is pleased to announce that attorney Josiah D. Lauver has joined t...

Learn More

Other Upcoming Events

View All Upcoming Events
Nov
03
2:30 pm
-
6:00 pm
event
Location

2026 Harrisburg Business Seminar

Learn More
Nov
10
12:00 pm
-
1:00 pm
event
Location

Webinar: PWFA Compliance in Practice: Navigating the Toughest Employer Questions

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers