1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in open meetings, further providing 
<-3for definitions, for 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:

<-8Section 1. The definition of "deliberation" in section 703
9of Title 65 of the Pennsylvania Consolidated Statutes is amended 
10to read:

11§ 703. Definitions.

12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15* * *

16"Deliberation." The discussion of agency business held for
17the purpose of making a decision. The term includes an 
18informational meeting or briefing that is required to be open to
 

1the public.

2* * *

3Section 2. Section 708(a) and (b) of Title 65 are amended to
4read:

5§ 708. Executive sessions.

6(a) Purpose.--An agency may hold an executive session for
7one or more of the following reasons:

8(1) To discuss any matter [involving], as it pertains to 
9a specific individual prospective, current or former 
10employee, relating to the employment, appointment, 
11termination of employment, terms and conditions of 
12employment, evaluation of performance, promotion or 
13disciplining of [any] the specific individual prospective 
14[public officer or] employee or current [public officer or] 
15employee employed or appointed by the agency, or specific 
16individual former [public officer or] employee, provided, 
17however, that the individual employees [or appointees] whose 
18rights could be adversely affected may request, in writing, 
19that the matter or matters be discussed at an open meeting. 
20The agency's decision to discuss such matters in executive 
21session shall not serve to adversely affect the due process 
22rights granted by law, including those granted by Title 2 
23(relating to administrative law and procedure). The 
24provisions of this paragraph shall not apply to any meeting 
25involving the appointment or selection of any person to fill 
26a vacancy in any elected office. An agency shall discuss all 
27other agency business relating to the employment, 
28appointment, termination of employment, terms and conditions 
29of employment, evaluation of performance, promotion or 
30disciplining of employees of the agency at an open meeting
 

1under section 704 (relating to open meetings).

2(2) To hold information, strategy and negotiation
3sessions related to the negotiation or arbitration of a
4collective bargaining agreement or, in the absence of a
5collective bargaining unit, related to labor relations and
6arbitration.

7(3) To consider the purchase or lease of real property
8up to the time an option to purchase or lease the real
9property is obtained or up to the time an agreement to
10purchase or lease such property is obtained if the agreement
11is obtained directly without an option.

12(4) To consult with its attorney or other professional
13advisor regarding information or strategy in connection with
14litigation or with issues on which identifiable complaints
15are expected to be filed.

16(5) To review and discuss agency business which, if
17conducted in public, would violate a lawful privilege or lead
18to the disclosure of information or confidentiality protected
19by law, including matters related to the initiation and
20conduct of investigations of possible or certain violations
21of the law and quasi-judicial deliberations.

22(6) For duly constituted committees of a board or
23council of trustees of a State-owned, State-aided or State-
24related college or university or community college or of the
25Board of Governors of the State System of Higher Education to
26discuss matters of academic admission or standings.

27(7) To review and discuss plans related to security and
28emergency preparedness, including the physical security of
29buildings, staff training, communication procedures, plans
30for evacuation, lock-down or other safety measures,

1coordination with police, fire and other safety agencies that
2if disclosed would <-be reasonably likely to definitely
3jeopardize or threaten security or preparedness. The cost of
4implementing a plan and <-all information relating to the
5equipment to be purchased shall be discussed at an open
6meeting under section 704.

7(b) Procedure.--

8(1) The executive session may be held during an open
9meeting or at the conclusion of an open meeting or may be
10announced for a future time. The reason for holding the
11executive session must be announced at the open meeting
12occurring immediately prior or subsequent to the executive
13session. If the executive session is not announced for a
14future specific time, members of the agency shall be notified
1524 hours in advance of the time of the convening of the
16meeting specifying the date, time, location and purpose of
17the executive session.

<-18(2) The entire executive session shall be recorded and
19the agency shall maintain the recording for a period of one
20year.

<-21(2) An agency holding an executive session under this 
22subsection shall make a verbatim audio or video recording of 
23the complete executive session and retain the recording for a 
24period of one year. Such recordings are not subject to public
25inspection and copying under the act of February 14, 2008 
26(P.L.6, No.3), known as the Right-to-Know Law, except by 
27court order or as authorized by the agency.

28(3) Prior to holding an executive session on any matter,
29the agency shall obtain advice from a solicitor or legal
30counsel as to whether or not the matter may be discussed at

1an executive session under the provisions of this section.

<-2(4) In the absence of a solicitor, the person in charge
3of running the meeting shall determine on the record whether
4the information on the agenda needs to be discussed in an
5executive session.

6* * *

7Section 2 3. Section 714 of Title 65 is amended <-by adding a 
8subsection to read:

9§ 714. Penalty.

<-10* * *

<-11(a) Fines and costs.--Any member of any agency who
12participates in a meeting with the intent and purpose by that
13member of violating this chapter commits a summary offense for a 
14first offense and a misdemeanor of the third degree for a second 
15or subsequent offense and shall, upon conviction, be sentenced
16to pay:

17(1) For a first offense, in addition to any other 
18penalty authorized by law, the costs of prosecution plus a
19fine of at least $100 and, in the discretion of the
20sentencing authority, of not more than $1,000.

21(2) For a second or subsequent offense, the costs of
22prosecution plus a fine of at least $500 and, in the
23discretion of the sentencing authority, of not more than
24$2,000.

25(b) Payment.--An agency shall not make a payment on behalf
26of or reimburse a member of an agency for a fine or cost
27resulting from the member's violation of this section.

28(c) Immunity.--Any member of an agency shall be immune from 
<-29civil and criminal liability, costs and fees for violations of
30this chapter if the member makes a good faith report, verbally

1or in writing, to the appropriate authority of a violation of
2this chapter.

3Section <-3 4. This act shall take effect in 60 days.