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Executive session in Pennsylvania: when a board can meet in private, and what follows

Short answer

A Pennsylvania board may hold an executive session only for a reason the law lists, such as a specific officer or employee, collective bargaining, buying or leasing real property, consulting its attorney on litigation, or security matters whose disclosure would endanger public safety. The reason is announced at the open meeting just before or after the session. If it was not set for a specific later time, members get 24 hours' notice. Official action is taken at an open meeting.(65 Pa.C.S. § 708(a); 65 Pa.C.S. § 708(b); 65 Pa.C.S. § 708(c))

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your municipal solicitor.
By Clarivis · Checked against 65 Pa.C.S. §§ 706 and 708 on Fri, Oct 23, 2026.

Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it counts the deadline for each meeting's agenda and each special meeting's notice and drafts the minutes for your board to correct and approve; it does not post the agenda, send the notice to a newspaper or track the newspaper's own deadline for you.

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Questions on this page

When can a board hold an executive session?

Only for a reason the law lists:

Statute text

“An agency may hold an executive session for one or more of the following reasons:”

65 Pa.C.S. § 708(a)

In plain words, the reasons are:

  1. The employment, appointment, termination, terms and conditions of employment, performance evaluation, promotion or discipline of a specific officer or employee, whether prospective, current or former. Not the appointment or selection of anyone to fill a vacancy in an elected office. An employee or appointee whose rights could be adversely affected may ask in writing for the discussion to be held at an open meeting.
  2. Information, strategy and negotiation sessions on negotiating or arbitrating a collective bargaining agreement or, where there is no bargaining unit, on labor relations and arbitration.
  3. Buying or leasing real property, until an option or agreement is obtained.
  4. Consulting the board's attorney or other professional advisor about information or strategy for litigation, or for issues on which identifiable complaints are expected to be filed.
  5. Business that, discussed in public, would violate a lawful privilege or disclose information or confidentiality protected by law, including starting and conducting investigations of possible or certain violations of the law, and quasi-judicial deliberations.
  6. Academic admission or standing, for committees of the trustees of a State-owned, State-aided or State-related college or university or a community college, or of the Board of Governors of the State System of Higher Education, only.
  7. Matters and records needed for emergency preparedness, public safety and the security of property, where disclosure would be reasonably likely to jeopardize or threaten public safety, preparedness or public protection.

What has to be announced?

The reason for the session, at the open meeting held just before or just after it:

Statute text

“The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session. If the executive session is not announced for a future specific time, members of the agency shall be notified 24 hours in advance of the time of the convening of the meeting specifying the date, time, location and purpose of the executive session.”

65 Pa.C.S. § 708(b)

The session may be held during an open meeting, at its end, or at a later time that is announced (§ 708(b)). If it was not set for a specific later time, members get advance notice of its date, time, place and purpose, by the time the law sets above. The Sunshine Act does not require a vote to go into executive session.

Can the board vote in executive session?

No. Any official action on what was discussed is taken at an open meeting:

Statute text

“Official action on discussions held pursuant to subsection (a) shall be taken at an open meeting.”

65 Pa.C.S. § 708(c)

The Sunshine Act requires minutes of open meetings (§ 706); it does not require minutes of an executive session.

Checklist

Before the meeting

  • The matter fits one of the reasons listed above.
  • If the session was not set for a specific later time, members get 24 hours' notice of its date, time, place and purpose. (§ 708(b))

At the open meeting just before or just after it

  • The reason is announced. (§ 708(b))

Afterwards

  • Any official action on what was discussed is taken at an open meeting. (§ 708(c))

For what makes a gathering a meeting at all, see the what counts as a meeting guide.

What the law does not settle

These are questions to take to your municipal solicitor; this guide does not answer them.

  • How specific the announced reason must be.
  • Whether a particular discussion fits one of the listed reasons.

How Clarivis helps

Clarivis does not decide whether a matter may be taken up in executive session; your board and its solicitor do.

  • On the agenda, an executive session item is flagged until one of the reasons listed above is chosen for it.
  • During the meeting, the person recording selects Enter executive session and chooses its reason. Recording stops, and nothing is recorded until the board returns to open session.
  • In the draft minutes, executive session audio is left out. Where Clarivis cannot tell where the session fell in a recording, it asks a person to confirm they have read the draft before the minutes are marked ready, approved or published.
  • After the meeting, the compliance check flags an executive session with no recorded reason, or with a reason that is not one of those listed above.
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