Section 1.45. Executive sessions

(a) Purpose. An agency may hold a meeting from which the public is excluded for one or more of the purposes in § § 1.46—1.51.

(b) Attendance. An agency may admit to an executive session persons necessary to carry out the purpose of the meeting. The persons may include, but are not limited to, agency staff, legal and technical advisors and individuals and their representatives who may be affected by matters to be discussed at an executive session. An agency may also meet with auditors and legislative investigatory committees in an executive session.

(c) Procedure. An executive session may be held during an open meeting, at the conclusion of an open meeting or may be announced for a future time at an open meeting. If an agency conducts an executive session which was not announced at an open meeting, the agency shall give each of its members at least 24 hours’ notice in advance of the time of the meeting unless all of the members of an agency by unanimous agreement waive the requirement for the notice.

(d) Notice. At the open meeting occurring immediately prior or subsequent to an executive session, the agency shall announce and include within its minutes, the date, time, location and purpose of the executive session. The purpose of an executive session may be explained by a general reference to the types or categories of subjects discussed at the session and need not identify with specificity persons or matters considered during the meeting.

(e) Official action. Unless otherwise provided by law or exempt under § 1.59 (relating to exemptions), a meeting at which a quorum of the members of an agency take official action with regard to matters discussed at an executive session shall be open to the public.

(f) Minutes. The agency shall keep minutes of each executive session in the same manner required by § 1.52 (relating to minutes) for open meetings. The minutes of executive sessions do not constitute records available for public inspection and copying.

Notation

Cross References

This section cited in 4 Pa. Code § 1.41 (relating to requirements); 4 Pa. Code § 1.46 (relating to personnel matters); 4 Pa. Code § 1.47 (relating to labor relations); and 4 Pa. Code § 1.52 (relating to minutes).