A City of Williamsport committee had some city business discussed and not voted on but, procedurally, it may have not been correct, according to the state Sunshine Law.

The new Committee of the Whole (CoTW) was held this past Tuesday by virtual means without an in-person option.

“As the city works through the new CoTW structure, the city will look to set up both physical and virtual spaces for future CoTW meetings, to allow for public access even beyond that of which may be required by the law,” said Nicholas D. Grimes, from the city solicitor’s office.

The CoTW was formed to bring together the council and administration ahead of the regular council meeting. The other standard committees remain in place if needed, according to Council President Eric Beiter.

Beiter was made aware of the concerns about the Sunshine Act.

“There’s nothing in the Sunshine Act that authorizes remote public meetings by committees or whole boards.” said Melissa Melewsky, Media Law Counsel, Pennsylvania NewsMedia Association. “Remote access to meetings can augment traditional in-person public meetings, but it should not replace it,” she added.

“It doesn’t matter if it’s a voting meeting or one held for deliberations only; if there’s deliberation of agency business by a quorum or official action, the Sunshine Act applies and it must be a public meeting,” Melewsky said.

This arose during COVID-19, when the state legislature enacted a law to allow remote public meetings, but that law was rescinded and hasn’t been in effect since 2021, she noted.

There is case law that allows remote participation for individual members if they can fully participate, e.g., hear and be heard by all in attendance, but that doesn’t allow the entire meeting to be held remotely, according to Melewsky.

“We saw during the pandemic the myriad issues that accompany remote-only public meetings, including the fact that a significant number of Pennsylvanians cannot access virtual-only resources in addition to consistent problems with audio, video, and the ability to participate,” Melewsky said.

There are individuals without such technology to see a meeting by virtual means.

In Lancaster, an official confirmed such a committee exists and how it operates for public access.

“Lancaster City Council does meet as a Committee of the Whole,” stated Bernard Harris, Lancaster city clerk, adding how the committee typically reviews matters which do not clearly fall under the purview of its other standing committees, he said.

Lancaster City Council meetings – committee and regular meetings – are held in-person.

“All are open to the public,” Harris replied.