Current through Register Vol. 54, No.43, October 26, 2024
Section 1.43 - Official action(a)Covered activities. Official action by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency at a meeting vote or otherwise make a decision regarding one of the following: (1) The adoption of recommendations made under a law or executive order.(2) The establishment of policies of general or widespread prospective applicability.(3) The adoption of a motion, proposal, resolution, rule, regulation, report or order.(4) The creation of liability by contract or otherwise.(5) The adjudication of rights, duties or responsibilities.(b)Hearings. This subchapter does not apply to the conduct of investigative or adjudicative hearings at which neither formal action nor deliberations take place. The hearings shall be governed by 2 Pa.C.S. (relating to administrative law and procedure) or other appropriate Commonwealth statutes.(c)Notational voting.(1) Unless otherwise provided by law, the members of an agency may cast votes by the use of notational or round-robin voting whereby members vote individually and separately upon a recommended written motion, proposal, resolution, rule, regulation, ordinance, report or order prepared by the staff or an individual member of the agency and circulated for approval to the members of the agency.(2) An agency may utilize notational voting only to expedite decision making or to remove uncontested or noncontroversial matters from the agenda of public meetings in order to facilitate public deliberations of contested or significant items. An agency may not utilize notational voting for the purpose of avoiding the public discussion of significant issues or to conceal the actual casting of votes by members of an agency at an open meeting.(3) An agency may utilize notational voting for the purpose of adopting a written opinion which explains or documents a decision made by the agency at an open meeting.(4) Notational votes may not be cast during a recess called during an open meeting.(5) At the first public meeting following the making of decisions or the adoption of written opinions by notational voting, an announcement shall be made that matters have been considered by notational voting and the substance of official actions taken by notational voting and the record of votes cast by individual members upon the matters shall be entered upon the minutes of the meeting. This section cited in 4 Pa. Code § 1.41 (relating to requirements); and 4 Pa. Code § 1.52 (relating to minutes).