Section 1.46. Personnel matters

(a) Scope. An agency may hold an executive session to discuss a matter related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or employe employed by the agency.

(b) Closed hearings. An executive session may include, at the discretion of the agency, a closed hearing attended by the individual subject to the proceedings and the individual’s legal representative. Unless otherwise provided by law, the record of the hearing is not a record available to the public for copying and examination.

(c) Requests for open meetings. Unless otherwise provided by law, the individual whose rights could be adversely affected by discussions at an executive session regarding personnel matters may request, in writing, that the matters be discussed at an open meeting. The request shall include a specific waiver of the rights to confidentiality regarding personnel records, reports and other matters material to the proceedings to the extent the records, reports or other matters are discussed at an open meeting. The agency may grant or deny a request to conduct discussions in an open meeting. The agency shall deny the request to conduct the discussions at an open meeting if the meeting would impair the progress of an investigation by the agency into other or related matters concerning the official duties of the agency or would operate to the improper prejudice or impairment of another person’s personal safety or reputation.

(d) Official actions and suspensions. Unless otherwise provided by law and as required under § 1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency at which official action is taken to hire, appoint, terminate, reward, promote or discipline an employe shall be open to the public. The agency may, pending the formal action, temporarily suspend an employe or public official under procedures established by the Office of Administration or the Executive Board.

Notation

Cross References

This section cited in 4 Pa. Code § 1.45 (relating to executive sessions).