§ 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 the employment, appointment, termination of employment,
terms and conditions of employment, evaluation of performance, promotion or disciplining
of any specific prospective public officer or employee or current public officer or
employee employed or appointed by the agency, or 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.
(2) To hold information, strategy and negotiation 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 discuss, plan or review matters and records that are deemed necessary for emergency
preparedness, protection of public safety and security of all property in a manner
that if disclosed would be reasonably likely to jeopardize or threaten public safety
or preparedness or public protection.
(b) Procedure.--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.
(c) Limitation.--Official action on discussions held pursuant to subsection (a) shall be taken at an
open meeting. Nothing in this section or section 707 (relating to exceptions to open
meetings) shall be construed to require that any meeting be closed to the public,
nor shall any executive session be used as a subterfuge to defeat the purposes of
section 704 (relating to open meetings).
(Oct. 24, 2018, P.L.1144, No.156, eff. 60 days)
2018 Amendment. Act 156 added subsec. (a)(7).
Cross References. Section 708 is referred to in sections 704, 707, 709, 712.1 of this title.
Notes of Decisions
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 834 A.2d 1104 (Pa. 2003).
· cites it 9× “Relying on Section 708 of the 1998 Sunshine Act, 65 Pa.C.S. § 708, the Board argues that such deliberations are expressly permitted by the Sunshine Act to be conducted in a private executive session.”
Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Bd., 926 A.2d 926 (Pa. 2007).
· cites it 6× “65 Pa.C.S. § 708(a). Pursuant to section 708(a)(5), an agency may hold an executive session "[t]o 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,…”
Schenck v. Tp. of Ctr., Butler Cnty., 893 A.2d 849 (Pa. Commw. Ct. 2006).
· cites it 8× “The Sunshine Act permits an agency to meet in executive session for the purpose of: discussing any employment matter; discussing the negotiation or arbitration of collective bargaining agreements; considering the purchase or lease of real property; consulting with an attorney;…”
Trib Total Media, Inc. v. Highlands Sch. Dist., 3 A.3d 695 (Pa. Commw. Ct. 2010).
· cites it 5× “The allegations of Paragraph 5 are admitted only insofar that on June 8, 2009 after the conclusion of the advertised public meeting, the Highlands School Board and Solicitor Ira Weis met in an executive session as permitted by the Sunshine Law, 65 Pa.C.S. § 708[ (a) ](4).…”
Off. of the Dist. Attorney of Philadelphia v. Bagwell, 155 A.3d 1119 (Pa. Commw. Ct. 2017).
“Thus, 65 Pa.C.S. § 708(a)(4) permits an executive session so the agency may “consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or issues on which identifiable complaints are expected to be filed.”
Day v. Civil Serv. Comm'n, 931 A.2d 646 (Pa. 2007).
· cites it 2× “The panel then cited Section 708 of the Act, 65 Pa.C.S. § 708, as permitting an agency to discuss termination of employment in an executive session, but also as allowing an individual who may be adversely affected by the discussion to make a written request for a public hearing.”
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 779 A.2d 1257 (Pa. Commw. Ct. 2001).
· cites it 6× “” 65 Pa.C.S. § 708. “Official action” includes the “decisions on agency business made by an agency” and “the vote taken by any agency on any motion [or] proposal.”
Schenck v. Twp. of Ctr., 975 A.2d 591 (Pa. 2009).
· cites it 2× “2d at 853 -54 (quoting 65 Pa.C.S. § 708(a)(4)). Further, the majority observed that this litigation-related exception to public disclosure was not limited to attorney work product, but extended to all "information in connection with pending or impending litigation.”
UGI Utils., Inc. v. City of Lancaster, 125 A.3d 858 (Pa. Commw. Ct. 2015).
· cites it 4× “Such maps are, and shall remain, confidential documents and are exempt from public disclosure under Pennsylvania’s Right to Know Law, 65 Pa.C.S. §708; the Public Utility Confidential Security Information Disclosure Protection Act, 35 P.”
Picone Ex Rel. Picone v. Bangor Area Sch. Dist., 936 A.2d 556 (Pa. Commw. Ct. 2007).
· cites it 2× “Section 708 of the Sunshine Act, 65 Pa.C.S. § 708. Here, five members of the School Board proposed that Student be expelled for less than one year and that the superintendent be asked to change his recommendation to expel for one year.”
McCord v. Pennsylvania Gaming Control Bd., 9 A.3d 1216 (Pa. Commw. Ct. 2010).
“65 Pa.C.S. § 708. The Board further contends that the participation of the Treasurer or his designee in executive sessions would taint the Board with the appearance of corruption, erode public confidence in the oversight of gaming, disrupt the intended structure of the Board,…”
— 65 Pa. Cons. Stat. § 708(5) — 2 cases
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 834 A.2d 1104 (Pa. 2003).
“Relying on Section 708 of the 1998 Sunshine Act, 65 Pa.C.S. § 708, the Board argues that such deliberations are expressly permitted by the Sunshine Act to be conducted in a private executive session.”
— 65 Pa. Cons. Stat. § 708(a) — 6 cases
Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Bd., 926 A.2d 926 (Pa. 2007).
“65 Pa.C.S. § 708(a). Pursuant to section 708(a)(5), an agency may hold an executive session "[t]o 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,…”
— 65 Pa. Cons. Stat. § 708(a)(1) — 12 cases
Day v. Civil Serv. Comm'n, 931 A.2d 646 (Pa. 2007).
“The panel then cited Section 708 of the Act, 65 Pa.C.S. § 708, as permitting an agency to discuss termination of employment in an executive session, but also as allowing an individual who may be adversely affected by the discussion to make a written request for a public hearing.”
Trib Total Media, Inc. v. Highlands Sch. Dist., 3 A.3d 695 (Pa. Commw. Ct. 2010).
“The allegations of Paragraph 5 are admitted only insofar that on June 8, 2009 after the conclusion of the advertised public meeting, the Highlands School Board and Solicitor Ira Weis met in an executive session as permitted by the Sunshine Law, 65 Pa.C.S. § 708[ (a) ](4).…”
— 65 Pa. Cons. Stat. § 708(a)(4) — 8 cases
Schenck v. Tp. of Ctr., Butler Cnty., 893 A.2d 849 (Pa. Commw. Ct. 2006).
“The Sunshine Act permits an agency to meet in executive session for the purpose of: discussing any employment matter; discussing the negotiation or arbitration of collective bargaining agreements; considering the purchase or lease of real property; consulting with an attorney;…”
Off. of the Dist. Attorney of Philadelphia v. Bagwell, 155 A.3d 1119 (Pa. Commw. Ct. 2017).
“Thus, 65 Pa.C.S. § 708(a)(4) permits an executive session so the agency may “consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or issues on which identifiable complaints are expected to be filed.”
Trib Total Media, Inc. v. Highlands Sch. Dist., 3 A.3d 695 (Pa. Commw. Ct. 2010).
“The allegations of Paragraph 5 are admitted only insofar that on June 8, 2009 after the conclusion of the advertised public meeting, the Highlands School Board and Solicitor Ira Weis met in an executive session as permitted by the Sunshine Law, 65 Pa.C.S. § 708[ (a) ](4).…”
Schenck v. Twp. of Ctr., 975 A.2d 591 (Pa. 2009).
“2d at 853 -54 (quoting 65 Pa.C.S. § 708(a)(4)). Further, the majority observed that this litigation-related exception to public disclosure was not limited to attorney work product, but extended to all "information in connection with pending or impending litigation.”
— 65 Pa. Cons. Stat. § 708(a)(5) — 7 cases
Riverwalk Casino, L.P. v. Pennsylvania Gaming Control Bd., 926 A.2d 926 (Pa. 2007).
“65 Pa.C.S. § 708(a). Pursuant to section 708(a)(5), an agency may hold an executive session "[t]o 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,…”
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 834 A.2d 1104 (Pa. 2003).
“Relying on Section 708 of the 1998 Sunshine Act, 65 Pa.C.S. § 708, the Board argues that such deliberations are expressly permitted by the Sunshine Act to be conducted in a private executive session.”
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 779 A.2d 1257 (Pa. Commw. Ct. 2001).
“” 65 Pa.C.S. § 708. “Official action” includes the “decisions on agency business made by an agency” and “the vote taken by any agency on any motion [or] proposal.”
— 65 Pa. Cons. Stat. § 708(a)(l) — 1 case
— 65 Pa. Cons. Stat. § 708(b) — 6 cases
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 779 A.2d 1257 (Pa. Commw. Ct. 2001).
“” 65 Pa.C.S. § 708. “Official action” includes the “decisions on agency business made by an agency” and “the vote taken by any agency on any motion [or] proposal.”
— 65 Pa. Cons. Stat. § 708(c) — 6 cases
Kennedy v. Upper Milford Twp. Zoning Hearing Bd., 779 A.2d 1257 (Pa. Commw. Ct. 2001).
“” 65 Pa.C.S. § 708. “Official action” includes the “decisions on agency business made by an agency” and “the vote taken by any agency on any motion [or] proposal.”
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