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Thursday, November 21, 2024

Rep. Maloney accuses PGC of violating Pennsylvania's Sunshine Law

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State Rep. David Maloney | Pennsylvania 130th Legislative District

State Rep. David Maloney | Pennsylvania 130th Legislative District

On May 13, 2024, the Pennsylvania Game Commission (PGC) was accused of violating Pennsylvania's Sunshine Law by Rep. David Maloney (R-Berks). The commission allegedly advertised a "special meeting" to replace its executive director with only 25 hours' notice and without providing a time or means for public comment and participation.

Maloney stated, “Today’s meeting was the second attempt to anoint Steve Smith as the PGC executive director, again in violation of Pennsylvania’s Sunshine Law. While advertising a Monday meeting 25-hours prior on a Sunday technically complied with one single aspect of the law, the abject failure once again to invite or even enable public comment renders this sham meeting null and void, just as Smith’s ‘assumed’ position is null and void.”

Pennsylvania law defines "public notice" for an open meeting as “Publication of notice of the place, date and time of a meeting in a newspaper of general circulation,” not merely posting information online. Additionally, Pennsylvania’s Sunshine Laws stipulate that government bodies must provide reasonable opportunities at each advertised regular meeting and special meeting for residents or taxpayers to comment on matters of concern before official action is taken.

According to Maloney, continued violation of these laws could result in fines for PGC Commissioners and invalidation of their actions (see 65 Pa.C.S. § 713 & 714). He added that this situation is disrespectful to the sportsmen of Pennsylvania and compromises the integrity of transparent and open government.

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