CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 285, 3908 PRINTER'S NO. 3942
No. 265 Session of 1979
INTRODUCED BY MESSRS. KNEPPER, J. L. WRIGHT, COHEN, FISHER,
HOEFFEL, NOYE, D. R. WRIGHT, KOLTER, MILLER, REED, ZORD,
VROON, MRS. KERNICK, MESSRS. BURD, WILT, WAGNER, ZWIKL,
FISCHER, MICHLOVIC, MILANOVICH, PETERSON, PRATT, SIEMINSKI,
E. H. SMITH, SPITZ, CIMINI, BROWN, PERZEL, CHESS,
CALTAGIRONE AND SCIRICA, FEBRUARY 13, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 22, 1980
AN ACT
1 Amending the act of July 19, 1974 (P.L.486, No.175), entitled
2 "An act requiring public agencies to hold certain meetings
3 and hearings open to the public and providing penalties,"
4 further providing for open meetings of public agencies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The act of July 19, 1974 (P.L.486, No.175),
8 entitled "An act requiring public agencies to hold certain
9 meetings and hearings open to the public and providing
10 penalties," is amended by adding sections to read:
11 Section 1. This act shall be known and may be cited as the
12 "Sunshine Act."
13 Section 1.1. The Declaration of Rights of the Constitution
14 of the Commonwealth of Pennsylvania declares that "All power is
15 inherent in the people and all free governments are founded on
16 their authority....". Yet it is impossible for the people to
1 exercise this power unless they are permitted the right to enter
2 the meetings of all governmental bodies in Pennsylvania, and all
3 agencies of the Commonwealth of Pennsylvania and its political
4 subdivisions, without exception, subject only to the limitations
5 imposed by this act.
6 The General Assembly finds and declares it the policy of the
7 Commonwealth that the meetings, deliberations, policy formations
8 and decision making of all governmental units, and all agencies
9 of State Government and its local subdivisions, are open to the
10 general public and the press and that closed meetings are
11 prohibited, subject only to the limitations imposed by this act.
12 Section 2. Section 1 of the act is renumbered and amended to
13 read:
14 Section [1.] 1.2 As used in this act:
15 "Agency" means the body and committees thereof of all the
16 following: the General Assembly, INCLUDING ITS CONFERENCE <--
17 COMMITTEES, the Executive Branch, including the Governor's
18 Cabinet when meeting on official policy making business, any
19 [branch,] department, board, committee, including conference <--
20 committee of the General Assembly, authority or commission of
21 the Commonwealth of Pennsylvania, any political subdivision of
22 the Commonwealth, or any State, municipal, township or school
23 authority, school board, school governing body, commission, the
24 board of trustees of all State-aided colleges and universities,
25 the board of trustees of all State-owned and State-related
26 colleges and universities and all community colleges, or similar
27 organization created by or pursuant to a statute which declares
28 in substance that the organization performs or has for its
29 purpose the performance of an essential governmental function.
30 [Provided, That the term "agency" shall include the General
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1 Assembly, or any State department, board, authority or
2 commission to include the Governor's cabinet when meeting on
3 official policy making business.]
4 "AGENDA" MEANS A LIST OF ITEMS TO BE DISCUSSED AT A MEETING <--
5 OR A HEARING.
6 "EMERGENCY EXECUTIVE SESSION" MEANS AN ASSEMBLAGE OF AN
7 AGENCY WHICH IS NOT OPEN TO THE PUBLIC AND WHICH THE AGENCY
8 DETERMINES TO BE URGENTLY NECESSARY IN ACCORDANCE WITH SECTION
9 3.
10 "Executive session" means an assemblage of an agency which is
11 not open to the public.
12 "Formal action" means the discussion, deliberation and taking
13 of any vote on any resolution, rule, order, motion, regulation
14 or ordinance or the setting of any official policy. [Meetings, <--
15 [pre-trial conferences,] hearings, and formal action by the <--
16 judiciary or judicial branch shall [not] be subject to the <--
17 provisions of this act.] The term shall include discussions and <--
18 deliberation of any matter on which a vote is anticipated or
19 scheduled and the discussions and deliberations leading to the
20 formulation or adoption of a policy. Formal action voting shall
21 be taken by an open and public ballot. THE TAKING OF A SECRET <--
22 BALLOT OR ANY OTHER ATTEMPT TO CONCEAL THE VOTE OF ANY MEMBER OR
23 MEMBERS OF THE AGENCY ENTITLED TO VOTE ON THE QUESTION, ON ANY
24 MATTER BEFORE THE AGENCY WHICH WAS ADOPTED, DEFEATED, TABLED OR
25 OTHERWISE DISPOSED OF OR ACTED UPON, SHALL BE PROHIBITED.
26 VIOLATIONS OF THIS PROVISION SHALL BE SUBJECT TO THE PENALTY
27 PROVISION IN SECTION 8.
28 "Litigation" means any PENDING, PROSPECTIVE OR THREATENED <--
29 action before a court of law OR IN WHICH THE AGENCY HAS A PUBLIC <--
30 CONCERN.
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1 "Meeting" means a gathering or assemblage of an agency where
2 a quorum is present, if applicable, at which formal action is
3 anticipated or taken.
4 "Personnel and labor matters" means any situation involving a <--
5 labor contract, or negotiations between an individual and the
6 agency relative to continued employment ISSUE ARISING OUT OF THE <--
7 NEGOTIATION OR OPERATION OF LABOR CONTRACT OR OUT OF THE
8 EMPLOYER-EMPLOYEE RELATIONSHIP OF AN INDIVIDUAL EMPLOYED BY THE
9 AGENCY BUT NOT COVERED BY A FORMAL LABOR CONTRACT OR
10 DISCIPLINARY ACTIONS OR DISCUSSIONS CONCERNING THE DISMISSAL OF
11 AN EMPLOYEE FOR CAUSE.
12 "Public notice" means information given to the public
13 generally and to representatives of news media in particular.
14 When such public notice pertains to a meeting scheduled for the
15 future, it shall include the place, date and time of the meeting
16 and the proposed agenda, if possible. TO THE EXTENT IT IS KNOWN <--
17 AT THE TIME OF GIVING NOTICE.
18 Section 3. Sections 2 and 3 SECTION 2 of the act are IS <--
19 amended to read:
20 Section 2. The meetings or hearings of every agency at which
21 formal action is scheduled or taken are public meetings and
22 shall be open to the public at all times except as specified in
23 this act. No formal action shall be valid unless such formal
24 action is taken during a public meeting and the names and votes
25 of those voting are recorded in the minutes of the meeting. Such
26 records shall be available to the public pursuant to section 4.
27 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
28 SECTION 2.1. ALL MEETINGS OR HEARINGS OF EVERY AGENCY SHALL
29 HAVE AN AGENDA PRINTED IN A REASONABLE QUANTITY FOR THE PUBLIC.
30 IN THE CASE OF A MEETING OR HEARING WHERE IT IS KNOWN THAT THE
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1 PROVISIONS OF THE ACT DO NOT REQUIRE THAT THE ENTIRE MEETING OR
2 HEARING BE OPEN TO THE PUBLIC TWO SEPARATE AGENDA SHALL BE
3 PRINTED, ONE FOR THE EXCLUSIVE USE OF THE AGENCY AND ONE FOR THE
4 GENERAL PUBLIC.
5 SECTION 2.2. AT ALL MEETINGS OR HEARINGS OF EVERY AGENCY
6 WHERE FORMAL ACTION VOTING IS TAKEN, PROVISION SHALL BE MADE AT
7 A SPECIFIED TIME ON THE AGENDA TO ALLOW THE PUBLIC A REASONABLE
8 TIME TO COMMENT.
9 SECTION 5. SECTION 3 OF THE ACT IS AMENDED TO READ:
10 Section 3. No public meeting of any agency shall be
11 adjourned, begun, recessed or interrupted in any way for the
12 purpose of an executive session except as hereinafter provided.
13 An EMERGENCY executive session which shall be called only after <--
14 the vote of the members present is recorded on the question of
15 whether or not to hold an EMERGENCY executive session AND <--
16 WHETHER SUCH SESSION IS URGENTLY NECESSARY, NOT TO EXCEED THIRTY
17 MINUTES IN DURATION may be held during the course of a properly
18 constituted public meeting [upon notification to the public <--
19 present by the presiding officer that for a period not to exceed
20 thirty minutes the meeting will be in recess for the purpose
21 of:] , BUT ONLY FOR THE PURPOSE OF: <--
22 (1) Considering dismissal or disciplining of, or hearing
23 complaints or charges brought against a public elected officer,
24 employee, or other public agent unless such person requests a
25 public hearing.
26 (2) Considering actions of the deliberating body with
27 respect to [labor negotiations] personnel and labor matters.
28 (3) Having confidential communications with the agency's
29 attorney, where such communications specifically concern
30 litigation. in which the agency is a party or in which the <--
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1 agency has a public concern.
2 SUCH AN EXECUTIVE SESSION SHALL BE LEGALLY CONVENED ONLY <--
3 FOLLOWING A PROPER MOTION PUBLICLY MADE AND ADOPTED BY THE
4 AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF AN AGENCY
5 PRESENT AND COMPETENT TO VOTE ON THE QUESTION.
6 (4) The agency upon adjournment of the executive session <--
7 shall list the matters ANNOUNCE PUBLICLY AND LIST IN GENERAL <--
8 TERMS IN THE MINUTES OF THE MEETING WHICH OF THE ABOVE SET FORTH
9 SUBJECT MATTERS WERE discussed during the executive session.
10 SECTION 6. SUBSECTION (G) OF SECTION 5 OF THE ACT, ADDED <--
11 FEBRUARY 3, 1976 (P.L.24, NO.11), IS AMENDED TO READ:
12 SECTION 5. * * *
13 (G) (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO
14 THE CONTRARY, IN CASE OF SESSIONS OF THE GENERAL ASSEMBLY, ALL
15 MEETINGS OF LEGISLATIVE COMMITTEES [TO BE HELD WITHIN THE
16 CAPITOL COMPLEX] WHERE BILLS ARE CONSIDERED, AND ALL LEGISLATIVE
17 HEARINGS [TO BE HELD WITHIN THE CAPITOL COMPLEX] WHERE TESTIMONY
18 IS TAKEN, THE REQUIREMENT FOR PUBLIC NOTICE THEREOF SHALL BE
19 COMPLIED WITH IF WITHIN THE TIME LIMITS PRESCRIBED BY THIS
20 SECTION:
21 [(1)] (I) THE SUPERVISOR OF THE NEWSROOM OF THE STATE
22 CAPITOL BUILDING IN HARRISBURG IS SUPPLIED FOR DISTRIBUTION TO
23 THE MEMBERS OF THE PENNSYLVANIA LEGISLATIVE CORRESPONDENTS
24 ASSOCIATION WITH A MINIMUM OF THIRTY COPIES OF THE NOTICE OF THE
25 DATE, TIME AND PLACE OF EACH SESSION, MEETING OR HEARING:
26 PROVIDED, THAT WHERE THE PRESCRIBED NOTICE HAS BEEN SUPPLIED
27 CONTAINING THE SPECIFIC NUMBER OF DAYS OF A WEEK SCHEDULED FOR
28 LEGISLATIVE SESSIONS OF THE HOUSE OR SENATE, BUT THE HOUSE OR
29 SENATE THEREAFTER DETERMINES TO BE IN A GREATER NUMBER OF
30 SESSION DAYS THAN THAT ORIGINALLY SCHEDULED FOR SUCH WEEK, THE
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1 PUBLIC NOTICE REQUIREMENT FOR SUCH ADDITIONAL SESSION DAYS SHALL
2 BE DEEMED COMPLIED WITH, IF THE SPEAKER OF THE HOUSE OR
3 PRESIDING OFFICER OF THE SENATE, AS THE CASE MAY BE, MAKES
4 PUBLIC ANNOUNCEMENT DURING OPEN MEETING OF A REGULARLY SCHEDULED
5 SESSION OF THE DATE, TIME AND PLACE OF THE ADDITIONAL SESSION
6 DAY OR DAYS AND NOTICE IS POSTED AS PRESCRIBED BY THIS SECTION;
7 AND
8 [(2)] (II) THERE IS A POSTING OF THE COPY OF SUCH NOTICE AT
9 A PUBLIC PLACE WITHIN THE MAIN CAPITOL BUILDING DESIGNATED BY
10 THE CHIEF CLERK AND THE SECRETARY OF THE SENATE.
11 (2) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY,
12 COMMITTEES MAY BE CALLED INTO SESSION IN ACCORDANCE WITH THE
13 PROVISIONS OF THE RULES OF THE HOUSE OR THE SENATE AND AN
14 ANNOUNCEMENT BY THE SPEAKER OF THE HOUSE OR THE PRESIDING
15 OFFICER OF THE SENATE: PROVIDED, THAT SUCH ANNOUNCEMENT IS MADE
16 IN OPEN SESSION OF THE HOUSE OR THE SENATE.
17 (3) (I) IN THE CASE OF LEGISLATIVE COMMITTEE HEARINGS OR
18 MEETINGS HELD OUTSIDE THE CAPITOL COMPLEX WHICH ARE SUBJECT TO
19 PUBLIC NOTICE REQUIREMENTS OF THIS ACT, THE REQUIREMENT FOR
20 PUBLIC NOTICE SHALL BE COMPLIED WITH:
21 (A) IF WITHIN THE TIME LIMITS PRESCRIBED BY THIS SECTION,
22 NOTICE IS PROVIDED IN ACCORDANCE WITH THE PROVISIONS OF
23 PARAGRAPH (1); AND
24 (B) A COPY OF THE DATE, TIME AND PLACE OF THE HEARING OR
25 MEETING IS SUPPLIED TO A NEWSPAPER OF GENERAL CIRCULATION WHICH
26 IS PUBLISHED AND CIRCULATED IN THE MUNICIPALITY WHERE THE
27 MEETING OR HEARING WILL BE HELD OR IN A NEWSPAPER OF GENERAL
28 CIRCULATION WHICH HAS A BONA FIDE PAID CIRCULATION EQUAL TO OR
29 GREATER THAN ANY NEWSPAPER PUBLISHED IN THE MUNICIPALITY.
30 (II) FOR PURPOSES OF THIS PARAGRAPH, THE PUBLIC NOTICE TO A
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1 NEWSPAPER OF GENERAL CIRCULATION SHALL BE DEEMED TO HAVE BEEN
2 SUPPLIED WITHIN THE PRESCRIBED TIME IF IT IS TRANSMITTED BY
3 FIRST CLASS MAIL OR CERTIFIED MAIL AND IS POSTMARKED BY THE
4 UNITED STATES POSTAL SERVICE NO LATER THAN THE TWO DAYS BEFORE
5 THE LAST PUBLICATION DATE OF THE NEWSPAPER PRIOR TO THE DATE OF
6 THE LEGISLATIVE HEARING OR MEETING.
7 Section 4 6 7. The act is amended by adding sections A <--
8 SECTION to read:
9 Section 7.1. (a) Nothing in this act shall prohibit an
10 agency from conducting an executive session for the purpose of
11 having confidential communications with its attorney, where such
12 communications specifically concern litigation in which the <--
13 agency is a party or in which the agency has a valid concern, or
14 where personnel or labor matters are involved, OR FOR THE <--
15 PURPOSES ENUMERATED IN CLAUSES (1), (2) AND (3) OF SECTION 3.
16 (b) Public notice of such executive sessions shall be given <--
17 of the date, time, projected duration and place at least twenty-
18 four hours prior to the time of the executive session by mailing
19 a notice of the proposed meeting to a newspaper of general
20 circulation, as defined by 45 Pa.C.S. § 101 (relating to
21 definitions), which is published and circulated in the political
22 subdivision where the executive session will be held, or such
23 newspaper of general circulation equal to or greater than any
24 newspaper published in the said political subdivision and to
25 area radio and television stations and by posting a copy of the
26 notice prominently at the principal office of the agency holding
27 the executive session or at the public building in which the
28 executive session is to be held. THE PUBLICATION OF THE NOTICE <--
29 BY THE NEWSPAPER OF GENERAL CIRCULATION, THE RADIO STATION AND
30 THE TELEVISION STATION SHALL BE AT NO COST TO THE AGENCY.
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1 Section 7.2. The use of secret ballots or other such devices <--
2 to conceal the manner in which the votes were made is prohibited
3 and any such secret ballot is to be considered a violation of
4 this act subject to penalties provided in section 8.
5 Section 5 7 8. Section 8 of the act is amended to read: <--
6 Section 8. Any member of any agency who participates in a
7 meeting [or hearing knowing] that [it] is being held or
8 conducted in such a way [to] AS TO ILLEGALLY AND intentionally <--
9 prevent an interested party from attending or conducted with the
10 intent and purpose of violating this act is guilty of a summary
11 offense and upon conviction thereof shall be sentenced to pay a
12 fine not exceeding [one hundred dollars ($100)] five hundred
13 dollars ($500) plus costs of prosecution.
14 Section 6 8 9. This act shall take effect in 60 days. <--
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