PRINTER'S NO. 244
No. 238 Session of 1995
INTRODUCED BY MOWERY, JUBELIRER, CORMAN, HART, HECKLER AND
AFFLERBACH, JANUARY 23, 1995
REFERRED TO STATE GOVERNMENT, JANUARY 23, 1995
AN ACT
1 Amending the act of July 3, 1986 (P.L.388, No.84), entitled "An
2 act requiring public agencies to hold certain meetings and
3 hearings open to the public; and providing penalties,"
4 further providing for executive sessions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8(a) of the act of July 3, 1986 (P.L.388,
8 No.84), known as the Sunshine Act, is amended to read:
9 Section 8. Executive sessions.
10 (a) Purpose.--An agency may hold an executive session for
11 one or more of the following reasons:
12 (1) To discuss any matter involving the employment,
13 appointment, termination of employment, terms and conditions
14 of employment, evaluation of performance, promotion or
15 disciplining of any specific prospective public officer or
16 employee or current public officer or employee employed or
17 appointed by the agency, or former public officer or
18 employee, provided, however, that the individual employees or
1 appointees whose rights could be adversely affected may
2 request, in writing, that the matter or matters be discussed
3 at an open meeting. The agency's decision to discuss such
4 matters in executive session shall not serve to adversely
5 affect the due process rights granted by law, including those
6 granted by Title 2 of the Pennsylvania Consolidated Statutes
7 (relating to administrative law and procedure). The
8 provisions of this subsection shall not apply to any meeting
9 involving the appointment or selection of any person to fill
10 a vacancy in any elected office.
11 (2) To hold information, strategy and negotiation
12 sessions related to the negotiation or arbitration of a
13 collective bargaining agreement or, in the absence of a
14 collective bargaining unit, related to labor relations and
15 arbitration.
16 (3) To consider the purchase or lease of real property
17 up to the time an option to purchase or lease the real
18 property is obtained or up to the time an agreement to
19 purchase or lease such property is obtained if the agreement
20 is obtained directly without an option.
21 (4) To consult with its attorney or other professional
22 advisor regarding information or strategy in connection with
23 litigation or with issues on which identifiable complaints
24 are expected to be filed.
25 (5) To review and discuss agency business which, if
26 conducted in public, would violate a lawful privilege or lead
27 to the disclosure of information or confidentiality protected
28 by law, including matters related to the initiation and
29 conduct of investigations of possible or certain violations
30 of the law and quasi-judicial deliberations.
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1 (6) For duly constituted committees of a board or
2 council of trustees of a State-owned, State-aided or State-
3 related college or university or community college or of the
4 Board of Governors of the State System of Higher Education to
5 discuss matters of academic admission or standings.
6 * * *
7 Section 2. This act shall take effect in 60 days.
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