2012 Pennsylvania Consolidated Statutes
Title 65 - PUBLIC OFFICERS
Chapter 7 - Open Meetings
Section 703 - Definitions

     § 703.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Administrative action."  The execution of policies relating
     to persons or things as previously authorized or required by
     official action of the agency adopted at an open meeting of the
     agency. The term does not, however, include the deliberation of
     agency business.
        "Agency."  The body, and all committees thereof authorized by
     the body to take official action or render advice on matters of
     agency business, of all the following: the General Assembly, the
     executive branch of the government of this Commonwealth,
     including the Governor's Cabinet when meeting on official
     policymaking business, any board, council, authority or
     commission of the Commonwealth or of any political subdivision
     of the Commonwealth or any State, municipal, township or school
     authority, school board, school governing body, commission, the
     boards of trustees of all State-aided colleges and universities,
     the councils of trustees of all State-owned colleges and
     universities, the boards of trustees of all State-related
     universities and all community colleges or similar organizations
     created by or pursuant to a statute which declares in substance
     that the organization performs or has for its purpose the
     performance of an essential governmental function and through
     the joint action of its members exercises governmental authority
     and takes official action. The term shall include the governing
     board of any nonprofit corporation which by a mutually binding
     legal written agreement with a community college or State-aided,
     State-owned or State-related institution of higher education is
     granted legally enforceable supervisory and advisory powers
     regarding the degree programs of the institution of higher
     education. The term does not include a caucus or a meeting of an
     ethics committee created under rules of the Senate or House of
     Representatives.
        "Agency business."  The framing, preparation, making or
     enactment of laws, policy or regulations, the creation of
     liability by contract or otherwise or the adjudication of
     rights, duties and responsibilities, but not including
     administrative action.
        "Caucus."  A gathering of members of a political party or
     coalition which is held for purposes of planning political
     strategy and holding discussions designed to prepare the members
     for taking official action in the General Assembly.
        "Conference."  Any training program or seminar, or any
     session arranged by State or Federal agencies for local
     agencies, organized and conducted for the sole purpose of
     providing information to agency members on matters directly
     related to their official responsibilities.
        "Deliberation."  The discussion of agency business held for
     the purpose of making a decision.
        "Emergency meeting."  A meeting called for the purpose of
     dealing with a real or potential emergency involving a clear and
     present danger to life or property.
        "Executive session."  A meeting from which the public is
     excluded, although the agency may admit those persons necessary
     to carry out the purpose of the meeting.
        "Litigation."  Any pending, proposed or current action or
     matter subject to appeal before a court of law or administrative
     adjudicative body, the decision of which may be appealed to a
     court of law.
        "Meeting."  Any prearranged gathering of an agency which is
     attended or participated in by a quorum of the members of an
     agency held for the purpose of deliberating agency business or
     taking official action.
        "Official action."
            (1)  Recommendations made by an agency pursuant to
        statute, ordinance or executive order.
            (2)  The establishment of policy by an agency.
            (3)  The decisions on agency business made by an agency.
            (4)  The vote taken by any agency on any motion,
        proposal, resolution, rule, regulation, ordinance, report or
        order.
        "Political subdivision."  Any county, city, borough,
     incorporated town, township, school district, intermediate unit,
     vocational school district or county institution district.
        "Public notice."
            (1)  For a meeting:
                (i)  Publication of notice of the place, date and
            time of a meeting in a newspaper of general circulation,
            as defined by 45 Pa.C.S. § 101 (relating to definitions),
            which is published and circulated in the political
            subdivision where the meeting will be held, or in a
            newspaper of general circulation which has a bona fide
            paid circulation in the political subdivision equal to or
            greater than any newspaper published in the political
            subdivision.
                (ii)  Posting a notice of the place, date and time of
            a meeting prominently at the principal office of the
            agency holding the meeting or at the public building in
            which the meeting is to be held.
                (iii)  Giving notice to parties under section 709(c)
            (relating to public notice).
            (2)  For a recessed or reconvened meeting:
                (i)  Posting a notice of the place, date and time of
            the meeting prominently at the principal office of the
            agency holding the meeting or at the public building in
            which the meeting is to be held.
                (ii)  Giving notice to parties under section 709(c).
        "Special meeting."  A meeting scheduled by an agency after
     the agency's regular schedule of meetings has been established.
     (July 15, 2004, P.L.743, No.88, eff. imd.)

        2004 Amendment.  Act 88 amended the def. of "agency."