PRINTER'S NO. 44
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
37
Session of
2017
INTRODUCED BY SACCONE, JANUARY 23, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 2017
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:
ยง 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 .
* * *
Section 2. Sections 708(a) and (b) and 714 of Title 65 are
amended to read:
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ยง 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
prospective, current or former employees of the agency at an
open meeting under section 704 (relating to open meetings).
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(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 following:
(i) Physical security of buildings.
(ii) Staff training.
(iii) Communication procedures.
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(iv) Plans for evacuation.
(v) Lockdown or other safety measures.
(vi) Coordination with police, fire and other safety
agencies that if disclosed would definitely jeopardize or
threaten security or preparedness.
(vii) 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
section , except for an executive session held for a purpose
under subsection (a)(4), shall make an official verbatim
audio or video recording of the complete executive session
and retain the recording for a period of one year. Prior to
the commencement of the executive session, the agency shall
make an announcement that the executive session will be
recorded. The recordings 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
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to attend an executive session, whether or not that member
was actually in attendance, shall be permitted access 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:
(i) 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;
or
(ii) 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.
(4) In either case under paragraph (3), the agency shall
publicly state 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.
* * *
ยง 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
penalty authorized by law, the costs of prosecution plus a
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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.
(c) Immunity.--Any member of an agency shall be immune from
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 3. This act shall take effect in 60 days.
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