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Definitions - 65 Pa. Cons. Stat. § 703Legal Research Home > Pennsylvania Statutes
§ 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."
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Last modified: November 27, 2007 |