1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in open meetings, further providing
3for executive sessions and for penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 708(a) and (b) of Title 65 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 708. Executive sessions.

9(a) Purpose.--An agency may hold an executive session for
10one or more of the following reasons:

11(1) To discuss any matter [involving], as it pertains to 
12a specific individual prospective, current or former 
13employee, relating to the employment, appointment, 
14termination of employment, terms and conditions of 
15employment, evaluation of performance, promotion or 
16disciplining of [any] the specific individual prospective 
17[public officer or] employee or current [public officer or] 
18employee employed or appointed by the agency, or specific
 

1individual former [public officer or] employee, provided, 
2however, that the individual employees [or appointees] whose 
3rights could be adversely affected may request, in writing, 
4that the matter or matters be discussed at an open meeting. 
5The agency's decision to discuss such matters in executive 
6session shall not serve to adversely affect the due process 
7rights granted by law, including those granted by Title 2 
8(relating to administrative law and procedure). The 
9provisions of this paragraph shall not apply to any meeting 
10involving the appointment or selection of any person to fill 
11a vacancy in any elected office. An agency shall discuss all 
12other agency business relating to the employment, 
13appointment, termination of employment, terms and conditions 
14of employment, evaluation of performance, promotion or 
15disciplining of employees of the agency at an open meeting 
16under section 704 (relating to open meetings).

17(2) To hold information, strategy and negotiation
18sessions related to the negotiation or arbitration of a
19collective bargaining agreement or, in the absence of a
20collective bargaining unit, related to labor relations and
21arbitration.

22(3) To consider the purchase or lease of real property
23up to the time an option to purchase or lease the real
24property is obtained or up to the time an agreement to
25purchase or lease such property is obtained if the agreement
26is obtained directly without an option.

27(4) To consult with its attorney or other professional
28advisor regarding information or strategy in connection with
29litigation or with issues on which identifiable complaints
30are expected to be filed.

1(5) To review and discuss agency business which, if
2conducted in public, would violate a lawful privilege or lead
3to the disclosure of information or confidentiality protected
4by law, including matters related to the initiation and
5conduct of investigations of possible or certain violations
6of the law and quasi-judicial deliberations.

7(6) For duly constituted committees of a board or
8council of trustees of a State-owned, State-aided or State-
9related college or university or community college or of the
10Board of Governors of the State System of Higher Education to
11discuss matters of academic admission or standings.

12(7) To review and discuss plans related to security and
13emergency preparedness, including the physical security of
14buildings, staff training, communication procedures, plans
15for evacuation, lock-down or other safety measures,
16coordination with police, fire and other safety agencies that
17if disclosed would be reasonably likely to jeopardize or
18threaten security or preparedness. The cost of implementing a
19plan and information relating to the equipment to be
20purchased shall be discussed at an open meeting under section
21704.

22(b) Procedure.--

23(1) The executive session may be held during an open
24meeting or at the conclusion of an open meeting or may be
25announced for a future time. The reason for holding the
26executive session must be announced at the open meeting
27occurring immediately prior or subsequent to the executive
28session. If the executive session is not announced for a
29future specific time, members of the agency shall be notified
3024 hours in advance of the time of the convening of the

1meeting specifying the date, time, location and purpose of
2the executive session.

3(2) The entire executive session shall be recorded and
4the agency shall maintain the recording for a period of one
5year.

6(3) Prior to holding an executive session on any matter,
7the agency shall obtain advice from a solicitor or legal
8counsel as to whether or not the matter may be discussed at
9an executive session under the provisions of this section.

10* * *

11Section 2. Section 714 of Title 65 is amended by adding a
12subsection to read:

13§ 714. Penalty.

14* * *

15(c) Immunity.--Any member of an agency shall be immune from
16criminal liability, costs and fees for violations of this
17chapter if the member makes a good faith report, verbally or in
18writing, to the appropriate authority of a violation of this
19chapter.

20Section 3. This act shall take effect in 60 days.