PRINTER'S NO. 362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
340
Session of
2015
INTRODUCED BY SACCONE, MAHONEY, CHRISTIANA, METCALFE AND
McGINNIS, FEBRUARY 5, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 5, 2015
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:
§ 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 that is required to be open to
the public.
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Section 2. Section 708(a) and (b) of Title 65 are amended to
read:
§ 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 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 prospective
[public officer or] employee or current [public officer or]
employee employed or appointed by the agency, or specific
individual 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 employment,
appointment, termination of employment, terms and conditions
of employment, evaluation of performance, promotion or
disciplining of employees of the agency at an open meeting
under section 704 (relating to open meetings).
(2) To hold information, strategy and negotiation
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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 physical security of
buildings, staff training, communication procedures, plans
for evacuation, lock-down or other safety measures,
coordination with police, fire and other safety agencies that
if disclosed would definitely jeopardize or threaten security
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or preparedness. 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
subsection shall make a verbatim audio or video recording of
the complete executive session and retain the recording for a
period of one year. Such recordings are not 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.
(3) Prior to holding an executive session on any matter,
the agency shall 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.
(4) In the absence of a solicitor, the person in charge
of running the meeting shall determine on the record whether
the information on the agenda needs to be discussed in an
executive session.
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Section 3. Section 714 of Title 65 is amended to read:
§ 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
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 4. This act shall take effect in 60 days.
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