65 Pa. Cons. Stat. § 703

Definitions.

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§ 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:

"Administrative action." The execution of policies relating to persons or things as previously authorized or required by official action of the agency adopted at an open meeting of the agency. The term does not, however, include the deliberation of agency business.

"Agency." The body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business, of all the following: the General Assembly, the executive branch of the government of this Commonwealth, including the Governor's Cabinet when meeting on official policymaking business, any board, council, authority or commission of the Commonwealth or of any political subdivision of the Commonwealth or any State, municipal, township or school authority, school board, school governing body, commission, the boards of trustees of all State-aided colleges and universities, the councils of trustees of all State-owned colleges and universities, the boards of trustees of all State-related universities and all community colleges or similar organizations created by or pursuant to a statute which declares in substance that the organization performs or has for its purpose the performance of an essential governmental function and through the joint action of its members exercises governmental authority and takes official action. The term shall include the governing board of any nonprofit corporation which by a mutually binding legal written agreement with a community college or State-aided, State-owned or State-related institution of higher education is granted legally enforceable supervisory and advisory powers regarding the degree programs of the institution of higher education. The term does not include a caucus or a meeting of an ethics committee created under rules of the Senate or House of Representatives.

"Agency business." The framing, preparation, making or enactment of laws, policy or regulations, the creation of liability by contract or otherwise or the adjudication of rights, duties and responsibilities, but not including administrative action.

"Caucus." A gathering of members of a political party or coalition which is held for purposes of planning political strategy and holding discussions designed to prepare the members for taking official action in the General Assembly.

"Conference." Any training program or seminar, or any session arranged by State or Federal agencies for local agencies, organized and conducted for the sole purpose of providing information to agency members on matters directly related to their official responsibilities.

"Deliberation." The discussion of agency business held for the purpose of making a decision.

"Emergency meeting." A meeting called for the purpose of dealing with a real or potential emergency involving a clear and present danger to life or property.

"Executive session." A meeting from which the public is excluded, although the agency may admit those persons necessary to carry out the purpose of the meeting.

"Litigation." Any pending, proposed or current action or matter subject to appeal before a court of law or administrative adjudicative body, the decision of which may be appealed to a court of law.

"Meeting." Any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action.

"Official action."

(1) Recommendations made by an agency pursuant to statute, ordinance or executive order.

(2) The establishment of policy by an agency.

(3) The decisions on agency business made by an agency.

(4) The vote taken by any agency on any motion, proposal, resolution, rule, regulation, ordinance, report or order.

"Political subdivision." Any county, city, borough, incorporated town, township, school district, intermediate unit, vocational school district or county institution district.

"Public notice."

(1) For a meeting:

(i) Publication of notice of the place, date and time of a meeting in a newspaper of general circulation, as defined by 45 Pa.C.S. § 101 (relating to definitions), which is published and circulated in the political subdivision where the meeting will be held, or in a newspaper of general circulation which has a bona fide paid circulation in the political subdivision equal to or greater than any newspaper published in the political subdivision.

(ii) Posting a notice of the place, date and time of a meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held.

(iii) Giving notice to parties under section 709(c) (relating to public notice).

(2) For a recessed or reconvened meeting:

(i) Posting a notice of the place, date and time of the meeting prominently at the principal office of the agency holding the meeting or at the public building in which the meeting is to be held.

(ii) Giving notice to parties under section 709(c).

"Special meeting." A meeting scheduled by an agency after the agency's regular schedule of meetings has been established.

(July 15, 2004, P.L.743, No.88, eff. imd.)

2004 Amendment. Act 88 amended the def. of "agency."

Notes of Decisions

Cited in 62 cases (16 in the last 5 years), 2000–2025 · leading case: Trib Total Media, Inc. v. Highlands School District

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Trib Total Media, Inc. v. Highlands School District (2010) pacommwct · cites it 5× “Shopping Center attended as permitted by 65 Pa.C.S. § 703. 6. Paragraph 6 is admitted only insofar as a reporter for the [Newspaper] was not permitted to attend the executive session.”

Brown v. Tucci (2013) pawd · cites it 4× “2012); 65 Pa. Cons. Stat. § 703 . That statute generally requires covered agencies to take official actions and conduct deliberations during the course of meetings that are “open to the public.”

Smith v. Township of Richmond (2013) pa · cites it 6× “” 65 Pa.C.S. § 703. Thus, since Appellant did not assert that the challenged private gatherings involved any official action, the court concluded that the central issue was whether they included “deliberations” about Township business.”

Lee Publications, Inc. v. Dickinson School of Law (2004) pacommwct · cites it 6× “[12] The Newspapers claimed that both the Association and the Board of Governors are "de facto committees" of PSU and, as such, are "agencies" for purposes of Section 703 of the Act, 65 Pa.C.S. § 703. Accordingly, the Newspapers asserted that the Association and its Board of…”

Kennedy v. Upper Milford Township Zoning Hearing Board (2003) pa · cites it 3× “” 65 Pa.C.S. § 703. The term “agency business” is defined to include “the adjudication of rights, duties and responsibilities .”

Smith v. Pennsylvania Employees Benefit Trust Fund (2006) pacommwct · cites it 4× “Section 703, 65 Pa.C.S. § 703, defines "Agency" as follows: The body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business, of all the following: the General Assembly, the executive branch of the government of…”

Mollick v. Township of Worcester (2011) pacommwct · cites it 2× “” Section 703 of the Sunshine Act, 65 Pa.C.S. § 703. Section 708(b)(10)(ii) of the RTKL provides, in pertinent part, that “[a] record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.”

Alekseev v. CITY COUNCIL OF PHILADELPHIA (2010) pa · cites it 6× “2 (quoting 65 Pa.C.S. § 703) (emphasis in original).”

Mazur v. Washington County Redevelopment Authority (2006) pacommwct · cites it 5× “Judgment on the Pleadings Ultimately, the trial court granted Ap-pellees’ joint motion for judgment on the pleadings and denied Appellants’ cross-motion.”

Pennsylvania Public Utility Commission v. Seder (2016) pa “65 Pa.C.S. § 703. A core requirement of this open-meetings regime is that “[ojffi-cial action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public[.”

United States Ex Rel. Oberg v. Pennsylvania Higher Education Assistance Agency (2015) ca4 “See 65 Pa. Cons.Stat. § 703 (Sunshine Act applies to "any political subdivision of the Commonwealth,” which is defined to include “[a]ny county [or] city”); 65 Pa.”

Mazur v. Trinity Area School District (2007) pacommwct · cites it 2× “For purposes of the Sunshine Act, a "meeting" is "[a]ny prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action.”

Show all 62 citing cases →

— 65 Pa. Cons. Stat. § 703(4) — 1 case

J. Notarianni and K. Yencho v. P. O'Malley (2017) pacommwct

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