Pennsylvania

D. Budgets.

(This section is blank. See the point above.)

b. Mandatory or discretionary closure. M2A1B

These are discretionary exceptions; the Act allows, but does not require, agencies to hold these sessions privately. 65 Pa. Cons. Stat. §  708(c).

I. STATUTE -- BASIC APPLICATION. M1

(This section is blank. See the subpoints below.)

H. Post-trial records

Overview

Pennsylvania

6. Material is not cumulative

Although no Pennsylvania court has specifically addressed whether a reporter's material is cumulative evidence, if the material is cumulative, it necessarily is not crucial and likely is available from alternative sources. Accordingly, the party seeking disclosure would not be able to meet its burden in overcoming the First Amendment privilege.

8. Judicial remedies available.

The reviewing court may affirm or reverse the agency’s decision and, in certain situations discussed below, award reasonable attorneys fees and costs.

The Act spells out what the court must include in its decision: “The decision of the court shall contain findings of fact and conclusions of law based upon the evidence as a whole. The decision shall clearly and concisely explain the rationale for the decision.” Sections 1301(a), 1302(a).

5. Expense reports.

Expense reports are presumptively accessible.

J. Litigation; pending litigation or other attorney-client privileges. M3J

Any agency may hold an executive session “to consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or with issues on which identifiable complaints are expected to be filed.” 65 Pa. Cons. Stat. §  708(a)(4). The Pennsylvania Public Utility Commission has adopted regulations mandating that all decisions to settle a potential lawsuit be made in open meetings. Regulation Regarding Resolution of Informal Investigations, 1989 Pa. PUC LEXIS 28 (March 30, 1989).