Gray areas of Sunshine Act apparent in West Lebanon Twp. executive sessions

In October 2025, LebTown received a tip that West Lebanon Township commissioners may have met outside the limits of the Sunshine Act.

LebTown learned that video recordings of the meeting existed and obtained a copy of the recording via a Right-to-Know Law request. The footage showed commissioners Justin Snyder, Phylis Dryden, Jeffrey Clarke, Michelle Testerman, and Joseph Templin meeting from approximately 6 to 7:30 p.m. on Oct. 13.

The nature of the discussion wasn’t clear as the recording did not include audio.

The Sunshine Act says any meetings where officials discuss “agency business” or take “official action” must be either held publicly or held privately as publicly disclosed executive sessions.

LebTown informed West Lebanon commissioners through solicitor Paul Bametzreider at the time that it wasn’t clear whether Sunshine had been broken but requested that the commissioners be reminded of Sunshine requirements.

In June 2026, LebTown received another tip about West Lebanon Township commissioners meeting outside of Sunshine Act requirements. LebTown again filed a Right-to-Know Law request and, although initially was told that no recording existed, the township’s solicitor later followed up to say he had been informed there is a video recording without audio.

The recording shows commissioners Jeffrey Clarke, Phylis Dryden, Justin Snyder, Michelle Testerman, and Joseph Templin meeting from approximately 7 to 7:50 p.m. on June 8.

LebTown sent the following questions to the West Lebanon Township commissioners:

• What was discussed at the Oct. 13, 2025, meeting?
• What was discussed at the June 8, 2026, meeting?
• Did these meetings satisfy Sunshine Act requirements and, if so, how?

The meeting in June was an executive session to discuss a personnel matter, the replacement of former township manager Antoinette Issis, commissioners said through Bametzreider.

The October meeting, Bametzreider said, was also an executive session to discuss the wages of township employees.

Bametzreider said no official action was taken at either session, which were both announced at the township’s July 6 meeting.

Pennsylvania’s Sunshine Act does not require executive sessions to be advertised in advance, but the session and its topic must be announced either before or directly after.

The act limits the reasons an agency may hold an executive session, such as discussing personnel matters, negotiating a collective bargaining agreement, consulting with an attorney on legal matters, and handling real estate transactions.

The act defines personnel matters as “related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or employe employed by the agency.” The act does not seem to include discussion of job descriptions.

Regarding the Oct. 13 meeting, Dryden said on July 6, “There was an extra discussion about a fire tax, however, that was not on the agenda. It was something that I just brought up. … And we talked about it and it was just a discussion.”

A discussion of a fire tax would not fit neatly into any of the common reasons for holding an executive session.

As for the June 8 meeting, the township had already accepted the resignation of the previous manager by that date and the meeting was characterized by commissioners on July 6 as being about “what we were hiring and where do we need to go next” – possibly broader in scope, along the lines of discussing the job description, than dealing with matters related to a specific prospective, current, or former employee.

Generally, these might be called gray areas. Following LebTown’s enquiry, commissioners brushed up at the July 6 meeting on Sunshine Act requirements.

Through Bametzreider, LebTown sent a request for comment to board president Clarke and board vice president Dryden and had not received a response as of publication.