Section 1.44. Deliberations

(a) Scope. Deliberations by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency discuss agency business for the purpose of making a decision.

(b) Presumption. It shall be presumed that whenever a quorum of an agency meets by prearrangement to discuss agency business that the meeting occurs for the purpose of making a decision unless based upon clear and convincing evidence the meeting does not satisfy the criteria in subsection (b).

(c) Covered discussions. Discussions are held for the purpose of making a decision if the following exist:

(1) The agency is scheduled to take or reasonably anticipates taking official action involving a decision on agency business in the reasonably immediate future.

(2) The agency has formulated recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders relating to agency business upon which decisions will be made or with reasonable specificity has indentified courses of agency action upon which the recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders will be prepared.

(3) The discussions involve direct or indirect indications of how individual members of the agency will vote upon matters subject to official action by the agency.

(4) The discussions occur at a prearranged gathering of the members of the agency held for the purpose of deliberations upon agency business or the meeting is held for another purpose and the meeting includes a significant or substantial amount of deliberation among a quorum of the members of the agency.

(d) Informal meetings. This subchapter does not apply to informal meetings of a quorum of the members of an agency, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information about general agency operations or for predominantly social purposes. Agency members shall avoid discussions at meetings which directly or indirectly indicate how individual members will vote upon matters subject to official action by the agency.

Notation

Cross References

This section cited in 4 Pa. Code § 1.41 (relating to requirements).