March 27, 2015 PNA Legal Update Legal and legislative Issues Affecting the News Industry EDITORIAL ROUNDUP In this Issue Public Opinion (Chambersburg) – Citizens should demand that officials share info before making a decision LNP (Lancaster) – Public records are yours, let’s open them all the way The Herald (Sharon) – Changes to Open Records law shouldn’t hamper access Williamsport Sun-Gazette – The public’s right to know: Progress, but more reform needed Pittsburgh Post-Gazette – For the record: Transparency has been a problem for Obama Pittsburgh Tribune-Review – Open contract negotiations: Let the sunshine in Pittsburgh Tribune-Review – Where’s the sunshine? Obama’s eclipse Pittsburgh Tribune-Review – Scrutiny comes with job Morning Call (Allentown) – First Open Records chief warns of threats to the law Legislative update: Budget hearings continued in Harrisburg this week. On Wednesday Nathan Byerly, the Acting Executive Director of the Office of Open Records, testified in the House Appropriations Committee. Mr. Byerly’s testimony can be read here. Although House budget hearings have concluded, the Senate will continue with budget hearings next week. In addition, the House returns to session for three session days. editorial roundup Legislative update Legal Issues From around the commonwealth Issues beyond pennsylvania legal issues from around the commonwealth: Centre County District Attorney files lawsuit seeking to limit Right to Know Law requests The District Attorney for Centre County on Monday filed a lawsuit in the Centre County Court of Common Pleas. The DA, Stacy Parks Miller, is seeking an injunction to prohibit the release of any information related to her pursuant to the Right to Know Law. Parks Miller’s lawsuit follows another lawsuit recently filed by several Magisterial District Judges in Centre County seeking an injunction related to the Right to Know Law. Read more in the Centre Daily Times. Legal Hotline: SELLING BABY CHICKS Legal work performed despite no public vote to hire solicitor The Lehigh-Northampton Airport Authority Board did not vote publically to hire an independent solicitor; nonetheless, an independent solicitor was hired and performed work. The Morning Call attempted to obtain the solicitor’s report and legal invoices through the Right to Know Law, but the request was denied. Read more in the Morning Call. Sunshine Week prompts review of RTKL and Sunshine Act Newspapers throughout the state last week covered the state of open records in Pennsylvania during Sunshine Week. The Morning Call reviewed the Right to Know Law and also the Sunshine Act, including a legislative proposal to amend the Sunshine Act. In the article, Rep. Rick Saccone (R-Allegheny) explained his Sunshine Act amendment in House Bill 340, which would require recording of executive sessions. Read more from the Morning Call. DO YOU HAVE A QUESTION FOR THE LEGAL HOTLINE? CONTACT 717-703-3080 P E N N S Y L V A N I A A S S O C I A T I O N A Supplement to Headlines & Deadlines Page 2 PNA Legal Update Legal and legislative Issues Affecting the News Industry legal issues from around the commonwealth (cont.): School board holds executive session despite reporter’s challenge During a school board meeting in Pottstown, a reporter objected to a closed executive session but was informed by the solicitor that a legal case from 2008 permitted the school board to hold the closed session. Read more from The Mercury (Pottstown). PNA note: The Sunshine Act only allows closure of public meetings in limited circumstances. Journalists who believe that a government agency is improperly closing a meeting should object on the record. PNA offers sample language for making an objection. Senators propose open labor negotiations Sen. Ryan Aument (R-Lancaster) has proposed a bill that would require open negotiations for public-sector unions. Similar legislation is being considered in the House. Read more in the Pittsburgh Tribune-Review. Issues beyond pennsylvania: FOIA amendments move forward A bill to amend the federal Freedom of Information Act (FOIA) moved forward this week. H.R. 653 was approved Wednesday by the House Committee on Oversight and Government Reform. Read more here. Legal Hotline: Q: Is there a law that prohibits selling or dyeing baby chickens, ducks and rabbits? A: Yes. Pennsylvania’s Cruelty to Animals statute governs the sale of and prohibits dyeing of young chickens, ducks and rabbits. The statute is found at 18 Pa.C.S.A. Sec. 5511(b). The law makes it a summary offense to dye baby chickens, ducks and rabbits in the Commonwealth or transport such dyed animals into the Commonwealth. Likewise, the law also prohibits the sale of chickens and ducks under one month of age, as well as rabbits under two months of age. The penalty for a summary offense is up to a $100 fine, plus courts costs and fees. The law does not apply to persons engaged in the business of commercial breeding and raising. The relevant language of the statute is: b) Regulating certain actions concerning fowl or rabbits.-- P E N N S Y L V A N I A A S S O C I A T I O N A person commits a summary offense if he sells, offers for sale, barters, or gives away baby chickens, ducklings, or other fowl, under one month of age, or rabbits under two months of age, as pets, toys, premiums or novelties or if he colors, dyes, stains or otherwise changes the natural color of baby chickens, ducklings or other fowl, or rabbits or if he brings or transports the same into this Commonwealth. This section shall not be construed to prohibit the sale or display of such baby chickens, ducklings, or other fowl, or such rabbits, in proper facilities by persons engaged in the business of selling them for purposes of commercial breeding and raising. 18 Pa.C.S.A. Sec. 5511(b). As always, this is not intended to be, nor should it be construed as, legal advice. Please consult your newspaper’s private attorney or the Legal Hotline at (717) 703-3080 with questions. Teri Henning, President Paula Knudsen, Dir., Gov’t Affairs/Legislative Counsel Melissa Melewsky, Media Law Counsel [email protected] [email protected] [email protected] 717.703.3076 717.703.3032 717.703.3048
© Copyright 2024 Paperzz