Section 1.50. Privileged, confidential, investigatory and quasijudicial matters

(a) Privileged matters. An agency may conduct an executive session to review and discuss agency business which, if conducted in public would violate a lawful privilege including, but not limited to, confidential communications with attorneys, executive officers of State government, physicians, clergymen, licensed psychologists, school personnel and sexual assault counselors.

(b) Confidential matters. An agency may conduct an executive session to review and discuss agency business which if conducted in public would lead to the disclosure of information or confidentiality protected by statute including, but not limited to, matters relating to:

(1) Business or personal finances.

(2) A report, return, assessment or determination relating to the payment of taxes.

(3) Business trade secrets.

(4) The physical and emotional health of individuals.

(5) Information which would operate to the prejudice or impairment of a person’s personal reputation or personal security.

(6) Information the disclosure of which could result in the loss of Federal funds by the Commonwealth or its political subdivisions.

(7) Benefits received by indigent or needy individuals.

(8) The review of contractor qualifications, bids or proposals.

(9) Criminal history information and investigative files not available for public examination and copying.

(10) Other information the confidentiality of which is protected by statute.

(c) Investigations. An agency may conduct an executive session to review and discuss matters which, if discussed in public, would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties and impair the progress of the investigation or the initiation of civil or criminal proceedings to enforce the statutes of the Commonwealth.

(d) Quasi-judicial deliberations. Unless otherwise provided by statute, an agency conducting a formal adjudication under 2 Pa.C.S. (relating to administrative law and procedure) or similar statutes may, to the extent the adjudicative proceedings are not exempt from the requirements of this subchapter by § 1.59 (relating to exemptions), deliberate within executive sessions except insofar as agency deliberations involve general rules or other orders in the nature of regulations. Deliberations involving general rules or other orders in the nature of regulations may be discussed in an executive session only insofar as the discussions, if conducted in public, would violate a lawful privilege or lead to the disclosure of confidential information as provided by subsections (a), (b) and (c).

(e) Open meetings. An agency may conduct at its discretion open meetings to discuss privileged or confidential matters if all parties entitled to assert the privileges or rights to confidentiality expressly authorize, in whole or in part, the matters to be discussed at an open meeting.

(f) Official action. A meeting of a quorum of the members of an agency to take official action with regard to matters discussed at executive sessions under this section shall be open to the public unless exempt from the requirements of this chapter by § 1.59.

Notation

Cross References

This section cited in 4 Pa. Code § 1.45 (relating to executive sessions); and 4 Pa. Code § 1.59 (relating to exemptions).