Regular Session 2015-2016 House Bill 0340 P.N. 2947

PRIOR PRINTER'S NO. 362

PRINTER'S NO. 2947

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

340

Session of

2015

INTRODUCED BY SACCONE, MAHONEY, CHRISTIANA, METCALFE AND

McGINNIS, FEBRUARY 5, 2015

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 15, 2016

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, in open meetings, further providing

for definitions, for executive sessions and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "deliberation" in section 703

of Title 65 of the Pennsylvania Consolidated Statutes is amended

to read:

§ 703. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Deliberation." The discussion of agency business held for

the purpose of making a decision. The term includes an

informational meeting or briefing that is required to be open to

the public .

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Section 2. Section 708(a) and (b) of Title 65 are amended to

read:

§ 708. Executive sessions.

(a) Purpose.--An agency may hold an executive session for

one or more of the following reasons:

(1) To discuss any matter [involving], as it pertains to

a specific individual WHO IS A prospective, current or former

employee, relating to the employment, appointment,

termination of employment, terms and conditions of

employment, evaluation of performance, promotion or

disciplining of [any] the specific individual WHO IS A

prospective [public officer or] employee or current [public

officer or] employee employed or appointed by the agency, or

specific individual WHO IS A former [public officer or]

employee, provided, however, that the individual employees

[or appointees] whose rights could be adversely affected may

request, in writing, that the matter or matters be discussed

at an open meeting. The agency's decision to discuss such

matters in executive session shall not serve to adversely

affect the due process rights granted by law, including those

granted by Title 2 (relating to administrative law and

procedure). The provisions of this paragraph shall not apply

to any meeting involving the appointment or selection of any

person to fill a vacancy in any elected office. An agency

shall discuss all other agency business relating to the

POLICIES OF employment, appointment, termination of

employment, terms and conditions of employment, evaluation of

performance, promotion or disciplining of employees ,

APPOINTEES OR OFFICIALS OF THE AGENCY, AND OTHER DISCUSSIONS

THAT DO NOT PERTAIN TO THE SPECIFIC INDIVIDUALS WHO ARE

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PROSPECTIVE, CURRENT OR FORMER EMPLOYEES of the agency at an

open meeting under section 704 (relating to open meetings).

(2) To hold information, strategy and negotiation

sessions related to the negotiation or arbitration of a

collective bargaining agreement or, in the absence of a

collective bargaining unit, related to labor relations and

arbitration.

(3) To consider the purchase or lease of real property

up to the time an option to purchase or lease the real

property is obtained or up to the time an agreement to

purchase or lease such property is obtained if the agreement

is obtained directly without an option.

(4) To consult with its attorney or other professional

advisor regarding information or strategy in connection with

litigation or with issues on which identifiable complaints

are expected to be filed.

(5) To review and discuss agency business which, if

conducted in public, would violate a lawful privilege or lead

to the disclosure of information or confidentiality protected

by law, including matters related to the initiation and

conduct of investigations of possible or certain violations

of the law and quasi-judicial deliberations.

(6) For duly constituted committees of a board or

council of trustees of a State-owned, State-aided or State-

related college or university or community college or of the

Board of Governors of the State System of Higher Education to

discuss matters of academic admission or standings.

(7) To review and discuss plans related to security and

emergency preparedness, including the physical security of

buildings, staff training, communication procedures, plans

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for evacuation, lock-down or other safety measures,

coordination with police, fire and other safety agencies that

if disclosed would definitely jeopardize or threaten security

or preparedness. The cost of implementing a plan and all

information relating to the equipment to be purchased shall

be discussed at an open meeting under section 704.

(b) Procedure.--

(1) The executive session may be held during an open

meeting or at the conclusion of an open meeting or may be

announced for a future time. The reason for holding the

executive session must be announced at the open meeting

occurring immediately prior or subsequent to the executive

session. If the executive session is not announced for a

future specific time, members of the agency shall be notified

24 hours in advance of the time of the convening of the

meeting specifying the date, time, location and purpose of

the executive session.

(2) An agency holding an executive session under this

subsection , EXCEPT FOR AN EXECUTIVE SESSION HELD FOR A

PURPOSE UNDER SUBSECTION (A)(4), shall make a AN OFFICIAL

verbatim audio or video recording of the complete executive

session and retain the recording for a period of one year.

Su ch PRIOR TO THE COMMENCEMENT OF THE EXECUTIVE SESSION, THE

AGENCY SHALL MAKE AN ANNOUNCEMENT THAT THE EXECUTIVE SESSION

WILL BE RECORDED. THE recordings are not SHALL NOT BE subject

to public inspection and copying under the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

except by court order. AN AGENCY MEMBER WHO WOULD HAVE BEEN

PERMITTED TO ATTEND AN EXECUTIVE SESSION, WHETHER OR NOT THAT

MEMBER WAS ACTUALLY IN ATTENDANCE, SHALL BE PERMITTED ACCESS

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TO THE OFFICIAL RECORDING, SUBJECT TO REASONABLE RULES AND

REGULATIONS OF THE AGENCY TO PROTECT ACCESS TO THE RECORDING.

(3) Prior to holding an executive session on any matter,

the agency shall EITHER obtain advice from a solicitor or

legal counsel as to whether or not the matter may be

discussed at an executive session under the provisions of

this section .

(4) In the absence of a solicitor, the person in charge

of running the meeting shall determine on the record whether

the information on the agenda needs to be discussed in an

executive session. OR, IF THE AGENCY MAKES THE DECISION TO

NOT CONSULT A SOLICITOR OR LEGAL COUNSEL, THE ELECTED

OFFICIAL IN CHARGE SHALL DETERMINE WHETHER THE INFORMATION ON

THE AGENDA NEEDS TO BE DISCUSSED IN AN EXECUTIVE SESSION. IN

EITHER CASE, IT SHALL BE PUBLICLY STATED ON THE RECORD AT THE

CURRENT PUBLIC MEETING OR NEXT PUBLIC MEETING WHETHER THE

SOURCE OF THE OPINION IS:

(I) THE SOLICITOR OR LEGAL COUNSEL; OR

(II) THE ELECTED OFFICIAL IN CHARGE WHO MADE THE

DETERMINATION.

* * *

Section 3. Section 714 of Title 65 is amended to read:

§ 714. Penalty.

(a) Fines and costs.--Any member of any agency who

participates in a meeting with the intent and purpose by that

member of violating this chapter commits a summary offense for a

first offense and a misdemeanor of the third degree for a second

or subsequent offense and shall, upon conviction, be sentenced

to pay:

(1) For a first offense, in addition to any other

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penalty authorized by law, the costs of prosecution plus a

fine of at least $100 and, in the discretion of the

sentencing authority, of not more than $1,000.

(2) For a second or subsequent offense, the costs of

prosecution plus a fine of at least $500 and, in the

discretion of the sentencing authority, of not more than

$2,000.

(b) Payment.--An agency shall not make a payment on behalf

of or reimburse a member of an agency for a fine or cost

resulting from the member's violation of this section.

civil and criminal liability, costs and fees for violations of

this chapter if the member makes a good faith report, verbally

or in writing, to the appropriate authority of a violation of

this chapter.

Section 4. This act shall take effect in 60 days.

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