Alekseev v. CITY COUNCIL OF PHILADELPHIA
607 Pa. 481
| Pa. | 2010Background
- Public participation rights under the Sunshine Act, 65 Pa.C.S. § 710.1, require a reasonable opportunity for public comment at advertised meetings, with a grandfathering exception in § 710.1(d).
- Philadelphia City Council does not permit public comment at regularly scheduled meetings; public commentary occurs in committees prior to regular meetings and is broadcast/transcribed for members’ review.
- Appellants Alekseev and the Homeowners Association challenged Council’s interpretation that § 710.1(d) allows committee-based public comment in advance of council meetings.
- Commonwealth Court and Commonwealth Court of Pennsylvania (Pa.Cmwlth.) held that 710.1(d) does not require a quorum of Council itself for special meetings, effectively allowing committee-based comment to satisfy the Act.
- The Pennsylvania Supreme Court reversed, holding § 710.1(d) applies to the body holding the special meeting (i.e., the board or council itself) and not to committees, rejecting the delegation of the public-comment obligation to committees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 710.1(d) permits public comment at committee meetings | Alekseev asserts § 710.1(d) requires public comment before the council itself. | Council contends § 710.1(d) authorizes comment at preadvertised special meetings, including committee meetings. | § 710.1(d) applies to boards/councils, not committees. |
| Whether the quorum requirement of a 'meeting' applies to a 'special meeting' for § 710.1(d) | Alekseev argues a special meeting (no quorum specified) still implicates the public-comment right before the governing body. | Council argues the special meeting may be conducted by a committee, with no council-quorum requirement. | Quorum applicability to the special-meeting context is limited to the body holding the special meeting, not the council as a whole. |
| Whether delegation to committees defeats § 710.1(a) and the Sunshine Act objectives | Alekseev contends delegating public comment to committees undermines the Act's purposes of open participation before the governing body. | Council maintains its committee-based process improves efficiency and public participation. | Delegation to committees does not conform to the plain text of § 710.1(d) and is not permissible. |
| What is the proper construction of § 710.1(d) in light of the Act's other provisions | Alekseev emphasizes consistency with § 710.1(a) and the Act's overall open-government policy. | Council argues § 710.1(d) is a grandfathering provision preserving pre-1993 practice. | § 710.1(d) is a grandfathering provision limited to a preexisting practice before the board or council, not to committees. |
Key Cases Cited
- Alekseev v. City Council of Philadelphia, 976 A.2d 1253 (Pa.Cmwlth. 2009) (predecessor case addressing Sunshine Act public-comment procedures in Philadelphia)
- Program Admin. Servs., Inc. v. Dauphin County Gen. Auth., 593 Pa. 184 (Pa. 2007) (recognizing legislative policy in open government context)