Alekseev v. CITY COUNCIL OF PHILADELPHIA

8 A.3d 311, 607 Pa. 481, 2010 Pa. LEXIS 2590, 2010 WL 4643724
CourtSupreme Court of Pennsylvania
DecidedNovember 17, 2010
Docket24 EAP 2010
StatusPublished
Cited by5 cases

This text of 8 A.3d 311 (Alekseev v. CITY COUNCIL OF PHILADELPHIA) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alekseev v. CITY COUNCIL OF PHILADELPHIA, 8 A.3d 311, 607 Pa. 481, 2010 Pa. LEXIS 2590, 2010 WL 4643724 (Pa. 2010).

Opinions

OPINION

Justice SAYLOR.

This appeal concerns the right of public participation before the governing body of a political subdivision.

Under Section 710.1(a) of the Sunshine Act,1 the board or council of a political subdivision generally must provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for public comment regarding matters under consideration. See 65 Pa.C.S. § 710.1(a). Such commentary also may be deferred to a later meeting in light of time constraints. See id. Further, and of central relevance to this case, Section 710.1(d) sets forth a limited, grandfathering exception to Section 710.1(a)’s general requirement of contemporaneous, or ensuing, public comment:

The board or council of a political subdivision ... which had, before January 1, 1993, established a practice or policy of holding special meetings solely for the purpose of public comment in advance of advertised regular meetings shall be exempt from the provisions of subsection (a).

65 Pa.C.S. § 710.1(d).

The Philadelphia City Council does not permit public attendees to comment at its regularly scheduled meetings and, [483]*483therefore, does not meet Section 710.1(a)’s general requirement. Instead, bills historically have been referred to committees meeting prior to regularly scheduled meetings, and these committees entertain the only public commentary. Committee meetings are broadcast internally to councilpersons who are not in attendance, and transcripts are made available for review. Council has taken the position that this committee-based comment procedure satisfies the Sunshine Act’s Section 710.1(d) exception.

Appellants commenced the underlying declaratory judgment action, challenging this position, after they were barred from public comment at a regularly scheduled Council meeting. In response, Council moved for summary judgment, which the common pleas court granted, albeit on grounds different from Council’s rationale. According to the court, a “special meeting,” as defined in the Act, does not require a quorum of the agency subject to the public participation requirement. See id. § 703 (defining “special meeting” as “[a] meeting scheduled by an agency after the agency’s regular schedule of meetings has been established.”). In reaching this conclusion, the court distinguished the definition of “meeting” under the Act, which does require a quorum. See id. (defining “meeting” as “[a]ny prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action.”).

On appeal, the Commonwealth Court affirmed based on reasoning similar to that of the common pleas court. See Alekseev v. City Council of Phila., 976 A.2d 1253, 1256 (Pa. Cmwlth.2009) (“Unlike the Act’s definition of ‘meeting,’ the definition of ‘special meeting’ does not require the presence of a quorum of Council. The General Assembly did not include such a requirement, and we decline to supply one.”). In a footnote, the intermediate court also rejected Appellants’ core argument that, per Section 710.1(d)’s plain terms, a special meeting of Council itself is required. In this regard, the court noted that the definition of an “agency” subject to the Act’s requirements includes “[t]he body, and all committees thereof [484]*484authorized by the body to take official action or render advice on matters of agency business [.]” Id. at 1256 n. 2 (quoting 65 Pa.C.S. § 703) (emphasis in original). Based on this definition, the Commonwealth Court opined that “Council committees convened during special meetings to receive public comment on pending bills are ‘agencies’ authorized to render advice on agency business.” Id.2

We allowed this appeal to consider the construction given to Section 710.1(d) by the prior reviewing courts, with our review of such matters being plenary.

Preliminarily, both parties agree that a special meeting is a species of meetings, and, thus, the common pleas and intermediate courts erred to the degree their opinions can be read as accepting that a special meeting does not require a quorum of any kind. The dispute, therefore, centers on identifying the body — as between Council itself and a committee — as to which the Legislature intended for the quorum to apply in the context of Section 710.1(d). The parties differ in their responses to this question, but both contend that the answer is discernable from the plain language of the Sunshine Act.

Appellants argue that Section 710.1(d) straightforwardly requires public participation before a board or council proper. See 65 Pa.C.S. § 710.1(d) (establishing the grandfathering exception relative to the “board or council of a political subdivision ... which had, before January 1,1993, established a practice or policy of holding special meetings” (emphasis added)). Indeed, Appellants observe that the Legislature made use of broader agency concept in prescribing open meetings as a general rule relative to “[official action and deliberations by a quorum of the members of an agency,” id. [485]*485§ 704, as contrasted with the requirement to entertain public comment imposed, more specifically, on boards and councils, see id. § 710.1. According to Appellants, reliance on the definition of a word (agency) that is not even present on the face of Section 710.1(d) to redirect its otherwise clear focus entails a perverse form of statutory construction which, if applied here and elsewhere, will have deleterious consequences. Presently, Appellants claim that the construction thwarts the opportunity for citizens to address Council, as envisioned by the General Assembly.

Council, on the other hand, maintains that, per the plain language of Section 710.1(d), the quorum necessary to entertain public comment need not be that of Council, but rather, need only be a quorum of the body holding the special meeting, i.e., a committee. Council thus reads the term “holding” special meetings, in Section 710.1(d), as merely “making sure such special meetings [of another body] were taking place.” Brief for Appellee at 21. Substituting definitions into the statutory text, Council advocates reading Section 710.1(d), as follows:

The ... council ... [that has a pre-1993 practice or policy] of holding “prearranged gathering[s] of ... ‘[t]he body [or] ... committees thereof ... attended ... by a quorum of the members of ... ‘[t]he body [or] ... committees thereof]’ scheduled after ... the ... regular schedule of meetings has been established” solely for the purpose of public comment in advance of advertised regular meetings shall be exempt from the provisions of subsection (a).

Brief for Appellee at 22 (quoting 65 Pa.C.S. § 710.1(d)) (alterations and emphasis in original). Central to Council’s argument, it envisions that a board or council may delegate the responsibility for entertaining public comment. See id. at 13, 20. Council also asserts that its practice is superior to the general requirements established by the Legislature, in terms of allowing for meaningful public participation, and that a contrary reading of Section 710.1(d) renders its provisions superfluous.

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Cite This Page — Counsel Stack

Bluebook (online)
8 A.3d 311, 607 Pa. 481, 2010 Pa. LEXIS 2590, 2010 WL 4643724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alekseev-v-city-council-of-philadelphia-pa-2010.