Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter C - INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES › Section 1.41 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  provisions.
A meeting of an agency at which official action or
				  deliberations by a quorum of the members of an agency take place shall be open
				  to the public unless exempt from this subchapter or closed for an executive
				  session. The agencies official actions and deliberations which are covered by
				  this subchapter are defined by §
										§
										1.42,
				  1.43 and
				  1.44 (relating to agencies;
				  officialaction; and deliberations). Exemptions from this subchapter are set
				  forth in subsection (i), and executive sessions may be closed as provided by
				  §
										1.45 (relatingto executive
				  sessions).
(b)
Voting.
Votes taken at open meetings shall be publicly cast
				  and, in the case of role call votes, recorded in the minutes of the agency.
				  Agencies may take official action by notational voting as provided by §
				  1.43(c).
(c)
Minutes.
Written minutes of open meetings prepared as set
				  forth in §
										1.52 (relating to minutes) shall be
				  kept and made available as a public record for examination and
				  copying.
(d)
Public
				  notice.
Public notice in the manner provided by §
										1.53 (relating to notice) shall be
				  given at least 3 days in advance of an agency's first regular meeting of each
				  calendar or fiscal year and at least 24 hours in advance of a special meeting
				  or rescheduled meeting.
(e)
Emergency meetings.
Advance public notice is not required in
				  the case of an emergency meeting as provided by §
										1.54 (relating to emergency
				  meetings).
(f)
Schedule of
				  regular meetings.
An agency shall give public notice of their schedule
				  of regular meetings for the calendar or fiscal year, either prior to or
				  immediately following the agency's first regular meeting.
(g)
Rules of order.
An
				  agency may adopt rules and regulations necessary for the conduct of meetings
				  and the preservation of order as provided by §
										1.55 (relating to rules and
				  regulations).
(h)
Recording
				  devices.
Subject to rules and regulations adopted by an agency, as
				  provided by §
										1.56 (relating to use of recording
				  devices), a person attending an open meeting of the agency has the right to use
				  recording devices to record proceedings of the meeting.
(i)
Exemptions.
An agency is
				  not required to conduct open meetings to hold conferences under §
										1.57 (relating to conferences), to
				  take administrative action as provided by §
										1.58 (relating to administrative
				  action) or, as set forth in §
										1.59 (relating to exemptions), to
				  take official action or conduct deliberations regarding a matter which, if
				  conducted in public, would violate a lawful privilege or lead to the disclosure
				  of information or confidentiality protected by law, including the investigation
				  of violations of law and quasi-judicial deliberations.
(j)
Meeting locations.
An
				  agency shall conduct open meetings at locations reasonably accessible by
				  members of the public and with adequate seating and other facilities to allow
				  effective public observation and, if appropriate, participation in agency
				  deliberations. A meeting site shall be accessible to handicapped individuals
				  and shall either be within a public building or at a location fully open and
				  available to members of the general public. A meeting may not be conducted at a
				  private club or another location not customarily accessible by members of the
				  public.
(k)
Violations.
An agency is not authorized to conduct formal
				  adjudications of complaints regarding alleged violations of this subchapter,
				  but if an agencydetermines that it has violated this subchapter, the agency may
				  cure the defective procedure in the manner provided by §
										1.60 (relating to
				  violations).