Meeting With Executives In Pennsylvania
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FAQ
An executive session is a meeting conducted without the presence of “outsiders.” In corporate governance, it's usually a meeting that only board members can attend.
Section 703, 65 Pa. C.S.A. Section 707 identifies the three (3) exceptions to the requirement of open meetings, which are: executive session, conference and certain working sessions. Executive sessions tend to be the most common exception to open meetings.
Pennsylvania's Sunshine Law requires that all official actions and deliberations of municipal or agency governing bodies held for the purpose of making a decision take place at meetings that are open to the public.
Ing to Robert's Rules, the minutes from an executive session are reviewed and approved exclusively by those members who were present at the session. While there's an option to share the minutes with all members, the confidentiality of the discussions must be preserved.
A board may adjourn to, or meet solely in, executive session for “personnel matters.” (Civ. Code § 4935(a).) Personnel matters would include, but not be limited to, hiring, firing, raises, disciplinary issues, etc.
In an executive session, a board can receive and evaluate complaints about a public employee, evaluate the quali- fications of an applicant for employment or evaluate the performance of an employee. Executive sessions about personnel issues must be narrowly tailored to those exceptions.
For an executive session to occur, a motion must be made in public that states a specific reason for the members to meet in private. The motion must be seconded, voted on, and approved by a majority of the board. You have a right to know the specific reason the board is having a private discussion.
Sunshine laws are regulations requiring public disclosure of government agency meetings and records. Sunshine laws require specific businesses and government agencies to maintain transparency and disclose their activities to the public.
Which agencies are subject to the Sunshine Act? The Act applies only to: (1) federal agencies headed by collegial bodies—i.e., boards, councils, and commissions—a majority of whose members are presidentially appointed and Senate confirmed; and (2) any subdivision of such an agency authorized to act on its behalf.
