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