CHAPTER 1. AGENCY OPERATION AND ORGANIZATION

Subchap. Sec.

A.    DIRECTIVES MANAGEMENT SYSTEM … 1.1
B.    HEALTH CARE … 1.31
C.    INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES … 1.41
D.    PUBLIC INFORMATION POLICIES AND PRACTICES … 1.71
E.    FEDERAL PROGRAM COORDINATION … 1.81
F.    [Reserved]
G.    [Reserved]
H.    [Reserved]
I.    [Reserved]
J.    [Reserved]
K.    RECORDS MANAGEMENT … 1.141
L.    ENVIRONMENTAL PROTECTION BY STATE AGENCIES … 1.151
M.    EQUAL EMPLOYMENT OPPORTUNITY … 1.161
N.    [Reserved]
O.    HANDICAPPED INDIVIDUALS … 1.181
P.    FIREMEN AND LAW ENFORCEMENT OFFICERS’ DEATH BENEFITS… 1.191
Q.    PENNSYLVANIA HUMAN RESOURCES INVESTMENTCOUNCIL … 1.201
R.    [Reserved]
S.    FLOOD PLAIN MANAGEMENT … 1.231
T.    [Reserved]
U.    [Reserved] … 1.251
V.    POLICY AND PLANNING … 1.261
W.    [Reserved]
X.    INSPECTOR GENERAL … 1.291
Y.    [Reserved]
Z.    LIFE CYCLE COSTING … 1.311
AA.    UTILIZATION OF COMMONWEALTH-OWNED ANDLEASED SPACE … 1.321
BB.    [Reserved] … 1.331
CC.    [Reserved]
DD.    STATE EMPLOYE ASSISTANCE PROGRAM … 1.351
EE.    PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM … 1.361
FF.    REGULATORY REVIEW AND PROMULGATION … 1.371
GG.    [Reserved] … 1.391
HH.    [Reserved] … 1.401
II.    [Reserved] … 1.421
JJ.    ACCOUNTING AND FINANCIAL REPORTING POLICIES AND PROCEDURES … 1.431
KK.    COMMONWEALTH SINGLE AUDIT COORDINATOR … 1.441
LL.    MINORITY AND WOMEN BUSINESS ENTERPRISE … 1.451
MM.    UPPER DELAWARE FEDERAL SCENIC RIVER … 1.471
NN.    MASTER LEASING PROGRAM … 1.481
OO.    MANAGEMENT AND PRODUCTIVITY IMPROVEMENT INITIATIVE … 1.491
PP.    ENERGY MANAGEMENT AND CONSERVATION IN COMMONWEALTH FACILITIES … 1.501
QQ.    CONTRACT COMPLIANCE PROGRAM … 1.511

Subchapter A. DIRECTIVES MANAGEMENT SYSTEM


Sec.


1.1.    Establishment.
1.2.    Policy.
1.3.    Responsibility.
1.3a.    Rescission.
1.4.    Index of Issuances.
1.5.    Office hours.

Source

   The provisions of this Subchapter A adopted October 22, 1976, 6 Pa.B. 2640, unless otherwise noted.

Cross References

   This subchapter cited in 1 Pa. Code §  13.5 (relating to deposit of management directives); and 25 Pa. Code §  269a.132 (relating to local government representatives).

§ 1.1. Establishment.

 The Directives Management System, established in 1972, is designed to provide comprehensive statements of policy and procedure on matters that affect agencies and employees under the Governor’s jurisdiction.

Source

   The provisions of this §  1.1 amended by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455. Immediately preceding text appears at serial page (268055).

Notes of Decisions

   A management directive is not an administrative regulation with the force and effect of law. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007).

   Pursuant to the Management Directive issued by the Governor’s Office in 1980, the dismissed employee’s position was designated as a major nontenured policy making or advisory position; thus, the employee was not entitled to unemployment compensation benefits. Zerbe, Jr. v. Unemployment Compensation Board of Review, 681 A.2d 740 (Pa. 1996).

§ 1.2. Policy.

 All issuances from the Governor’s Office and from agencies under the Governor’s jurisdiction, except proclamations and press releases, that are intended for distribution to two or more agencies are to be issued through the Directives Management System in one of four types of publications.

   (1)  Executive Orders, signed by the Governor, announce broad policies, programs, and responsibilities that are relatively permanent.

   (2)  Management Directives announce detailed policies, programs, responsibilities, and procedures that are relatively permanent. Management Directives are to be signed by the Governor, Lieutenant Governor, Secretary of the Budget, Secretary of Administration, or the head of any department or independent board, commission or council under the Governor’s jurisdiction.

   (3)  Administrative Circulars contain either informational material or instructions that are one-time or temporary in nature. Administrative Circulars are to be signed the same as Management Directives.

   (4)  Procedural issuances contain detailed information and guidelines for relatively restricted, well-defined operations or sets of operations. Procedural issuances may be manuals, handbooks, catalogs, guides or similar publications. Manuals are to be signed the same as Management Directives.

Source

   The provisions of this §  1.2 amended by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455. Immediately preceding text appears at serial pages (268055) and (200839).

Notes of Decisions

   General

   A management directive is not an administrative regulation with the force and effect of law. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007)

   A management directive is a tool for managing people in the executive branch of state government. Cutler v. State Civil Service, 924 A.2d 706, 711 (Pa. Cmwlth. 2007)

   A directive issued under this section satisfies the official designation requirements of 43 P. S. §  892(11) because it was issued under a ‘‘Statute, regulation, executive order or the like.’’ Bowe v. Unemployment Compensation Board of Review, 477 A.2d 587 (Pa. Cmwlth. 1984).

   Where the designation of claimant’s position as advisory was issued under this section, such designation applied to claimant’s unemployment compensation claim even though claimant began employment before the designation was made. Ging v. Unemployment Compensation Board of Review, 479 A.2d 37 (Pa. Cmwlth. 1984).

Cross References

   This section cited in 4 Pa. Code §  1.4 (relating to index of issuances).

§ 1.3. Responsibility.

 (a)  The Secretary of Administration is responsible for operating the Directives Management System. Those responsibilities include the issuance of detailed instructions for operation of the system, ensuring that communications are reviewed for completeness and for their impact on other agencies and procedures, assuring consistency between publications, editing, maintenance of a distribution scheme, periodic publication of an index to current issuances and maintenance of back-up files on items issued.

 (b)  Originating offices are responsible for the technical content and propriety of all documents issued through the Directives Management System.

Source

   The provisions of this §  1.3 amended by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455. Immediately preceding text appears at serial page (200839).

§ 1.3a. Rescission.

 Executive Order 1974-7, published at 6 Pa.B. 2640 (October 23, 1976), is rescinded.

Source

   The provisions of this §  1.3a adopted by Executive Order No. 2001-1, dated February 13, 2001, 31 Pa.B. 1455.

§ 1.4. Index of issuances.

 (a)  Section 1.2 (relating to policy) specifies that ‘‘Issuances from the Governor’s Office and from agencies under the Governor’s jurisdiction, except proclamations and press releases, that are intended for distribution to two or more agencies are to be issued through the Directives Management System in one of four types of publications:

   (1)  Numbered Executive Orders, signed by the Governor, announcing broad policies, programs and responsibilities that are relatively permanent.

   (2)  Numbered Management Directives announcing detailed policies, programs, responsibilities and procedures that are relatively permanent. Management Directives are to be signed by the Governor, Lieutenant Governor, Budget Secretary, Secretary of Administration or the head of a department or independent board, commission or council under the Governor’s jurisdiction.

   (3)  Numbered Administrative Circulars containing either informational material or instructions that are one-time or temporary in nature. Administrative Circulars are to be signed the same as Management Directives.

   (4)  Numbered procedural issuances containing detailed information and guidelines for relatively restricted, well-defined operations or sets of operations. Procedural issuances may be manuals, handbooks, catalogs, guides or similar publications. Manuals are to be signed the same as Management Directives.

 (b)  Management Directives and Manuals are numbered in sequence by category such as, Financial Management, and subcategory such as, Payroll. They should be filed by number, not by date.

 (c)  Changes to Executive Orders, Management Directives and Manuals (catalogs, handbooks, bulletins, and the like) may be issued in the form of amendments or revisions. Amendments are complete documents incorporating all changes since the last complete issuance. Dots are placed in the margins to show the new or changed text. Revisions are usually pen and ink changes or replacement pages and affect only those parts of an issuance being changed.

 (d)  Every agency should include in its distribution under each symbol a basic amount for managers and centrally located reference files. Additional copies depending on the symbol, should be included for action offices, field offices, extra information copies, and bulletin boards. Distribution symbols have the following meanings:


Distribution
Symbol
Definition
AOf limited interest or requires action by only one or a few segments of an agency.
BOf general interest or requires action by many segments of an agency.
FRequires action by the personnel office or the main impact is in the field of human resources.
SpecialDesigned to fit specific needs. Most manuals are in this category.

 (e)  All changes in distribution requirements and requests for additional copies of all issuances should be referred to 783-5055.

Executive
Orders.
Date of
Original
or Latest
Amendment
Current Revisions
1973-9 Environmental Protection by State Agencies…7/13/73
1974-7Directives Management System…Rescinded by
2001-1—2/13/01
1974-11Governor’s Interdepartmental Council on Seasonal Farmworkers…11/2/78
1975-3 Establishment of the Pennsylvania Commission for Women…
Rescinded by
1997-3—6/25/97
1975-5 Commitment Toward Equal Rights…9/19/78
1975-6 Preservation of Historic Resources…5/6/75
1977-4 Compliance with Section 504 of the Rehabilitation Act of 1973 (P. L. 93-112)8/3/77
1977-5Implementation of Act No. 1976-1019/27/77
1978-4 Flood Plain Management…3/1/78
1978-9Public Information Policies and Practices…5/23/78
1978-19 Access by Handicapped Individuals to Meeting Locations…12/19/78
1979-10Commonwealth Child Development Committee…7/25/79
1979-13 Governor’s Office of Policy and Planning…9/18/79
1980-3 Life Cycle Costing…2/8/80
1980-4 Golden Keystone Discount Card Program…2/27/80
1980-5 Task Force on Employment Services to Displaced Homemakers …2/28/80
1980-7 Small Business Service Center …2/29/80
1980-13 Contract Management…Rescinded by
1999-5—12/9/99
1980-18 Code of Conduct …5/16/84…1-3-4
1980-20 Pennsylvania Coastal Zone Management Program…9/22/80
1981-3 Scheduling of Bond and Note Issue Sales…1/30/81
1981-4 Federal Program Coordination…2/9/81
1981-6 Pennsylvania Department of Health Advisory Board of Arthritis…5/22/81
1981-13Governor’s Committee on Employment of the Handicapped…10/19/81
1983-1 Transfer of Cresson Center to the Bureau of Correction …1/4/83
1983-4 Coordination of State Employment and Training Programs…
Rescinded by
1997-7—6/30/98
1984-3 Accounting and Financial Reporting…10/11/84
1985-1 State Employee Combined Appeal…Rescinded by
2001-2—2/14/01
1986-1 Commonwealth Single Audit Coordinator …2/24/86
1986-2 Task Force on Special Supplemental Food Program for Women, Infants, and Children (WIC)…4/22/86
1986-5 Standby Allocations of the Volume Cap Under the Tax Reform Act of 198610/2/86
1986-7 Liquor Control Board Sunset: Privatization of State Liquor Monopoly; Transfer of Liquor Control Board Functions …12/1/86
1987-1 1987 Allocations of the Unified Volume Cap Under the Tax Reform Act of 19861/7/87
1987-2 Permanent Transfer of Retreat State Hospital to the Department of Corrections… 1/16/87
1987-3 Transfer of Waynesburg Youth Development Center to the Department of Corrections…1/16/87
1987-4 Economic Development Partnership (EDP)…
Rescinded by
2001-4—6/5/01
1987-7 State Inspector General… 4/6/87
1987-8 Pennsylvania Emergency Response Commission…4/20/87
1987-9 Allocation of State Low-Income Housing Credit Authority Under the Internal Revenue Code of 19864/22/87
1987-10 Highway Safety…11/25/92
1987-12 Cultural Advisor to the Governor…5/27/87
1987-19 Delegation to Department of Environmental Resources in Compliance with Federal Low-Level Radioactive Waste Policy Amendments Act12/21/87
1988-4 Coordination of Food and Nutrition Programs; Appointment of the Advisor to the Governor on Food and Nutrition Programs and the Inter-Agency Council on Food and Nutrition…4/7/88…1
1988-5 Pennsylvania Department of Health Diabetes Task Force…Terminated 12/31/94
1988-8 Pennsylvania State Data Center…7/12/88
1988-9 Small Business Advisory Council…Terminated 12/31/94
1988-10 Management of Automated Technology…Rescinded by 2002-12
1988-11 Motor Carrier Advisory Committee…11/18/88…1-2-3
1989-2 Upper Delaware Federal Scenic River…Rescinded by
2003-5—6/22/03
1989-3 Master Leasing Program…3/2/89
1989-4 Developmental Disabilities Planning Council…
Rescinded by
1997-2—5/30/97
1989-8 Municipal Waste Reduction and Planning Program…10/17/89
1990-1 Municipal Waste Transportation Enforcement Program…3/14/90
1990-2 Bureau of Women’s Business Development…Terminated 6/30/95
1990-3 Contractor Responsibility Program…6/29/90
1990-4 UNITED STATES BRIG NIAGARA—‘‘Flagship of Pennsylvania’’…8/17/90
1990-7 Interagency River Island Task Force…10/17/90…1
1991-2 Utilization of Commonwealth Owned
and Leased Space…

Rescinded by
2004-2—2/18/04
1991-3 Use of Permanently-Assigned Commonwealth-Registered Vehicles …2/27/91
1991-4 Governor’s Council on Physical Fitness and Sports …
Rescinded by
1997-5—9/24/97
1991-5 Environmental Training Partnership…4/22/91
1991-8 Pennsylvania Heritage Affairs Commission…Terminated 12/31/94
1992-1 Records Management …1/8/92
1992-2 Housing and Supportive Services Task Force…Terminated 1/31/95
1993-2 Civil Disorder and Emergency …4/9/93
1993-3 State Land Use Planning—Goals and Objectives for Commonwealth
Agencies…
8/31/93
1993-4State Center for Health Statistics and Research …10/13/93
1994-1State Commission on National and Community Service…1/28/94
1994-2 Governor’s Office of PennPORTS…3/29/94
1994-3 Agricultural Land Preservation Policy…Rescinded by
1997-6—10/14/97
1994-4 Governor’s Committee on Education Standards and Assessments …5/18/94
1994-5 Nursing Home Loan Agency’s Authorization to Sell Loans …11/4/94
1995-1 Judicial Appointments…2/27/95
1995-2 Drug Policy Planning Coordination…12/19/97
1995-3 Pennsylvania Energy Development Authority…
Rescinded by
2004-5—4/8/04
1995-4 Monitoring Supplies of Petroleum Products …7/10/95
1995-5 Money-Back Guarantee Permit Review for the Department of Environmental Protection…8/23/95
1995-6 Governor’s Community Partnership for Safe Children…9/14/95
1995-7Governor’s Executive Council on Recycling Development and Waste Reduction…10/11/95
1995-8 Governor’s Advisory Commission on Public School Finance…10/11/95
1995-9 Governor’s Sportsmen’s Advisory
Council …

Rescinded by
2001-5—9/17/01
1995-10 Governor’s Sports and Exposition Facilities Task Force…10/27/95
1996-1 Regulatory Review and Promulgation …2/6/96
1996-2Implementation of the IMPACCT Commission Recommendations…4/19/96
1996-3 Governor’s Advisory Commission on African American Affairs…
Rescinded by
2003-7—6/22/03
1996-4 Governor’s Advisory Commission on Latino Affairs…
Rescinded by
2003-9—7/1/03
1996-5 Municipal Waste Facilities Review Program…8/29/96
1996-6 Governor’s Advisory Commission on Academic Standards …9/30/96
1996-7 Pennsylvania Center for Environmental Education…12/20/96
1996-8 Minority and Women Business Enterprise and Contract Compliance Programs …
Rescinded by
2004-6—4/15/04
1996-9 Equal Employment Opportunity…Rescinded by
2002-3—5/3/02
1996-10 State Employee Assistance Program…12/20/96
1996-11 Disability-Related Policy…Rescinded by
2002-5—5/3/02
1996-12 Workplace Policy for HIV/AIDS…Rescinded by
2003-4—5/5/03
1996-13 Commonwealth of Pennsylvania’s Policy on Substance Abuse in the Workplace…12/20/96
1996-14 Prohibition of Sexual Harassment in
the Commonwealth…

Rescinded by
1999-3—5/13/99
1997-1 Governor’s Travel and Tourism Council …3/17/97
1997-2 Developmental Disabilities Council …5/30/97
1997-3 Pennsylvania Commission for Women…Rescinded by
2003-6—6/22/03
1997-4 The 21st Century Environment Commission …7/1/97…1
1997-5 Governor’s Advisory Council on Physical Fitness and Sports…9/24/97
1997-6 Agricultural Land Preservation Policy…Rescinded by
2003-2—3/20/03
1997-7 Pennsylvania Human Resources Investment Council…
Rescinded by
2000-2—2/14/00
1998-1 Governor’s Green Government Council …3/25/98
1998-2 Governor’s Census 2000 Advisory Panel…Terminated 3/1/01
1998-3The Pennsylvania Greenways Partnership Commission…8/16/01
1998-4 Interagency Committee to Coordinate Services Provided to Individuals with Disabilities…Terminated 12/31/99
1999-1Land Use Planning…1/7/99
1999-2 Pennsylvania Rural Development
Council …
3/29/99
1999-3 Prohibition of Sexual Harassment in the Commonwealth…
Rescinded by
2002-4—5/3/02
1999-4Pennsylvania Justice Network (JNET) Governance Structure…6/8/99
1999-5 Rescission of Executive Order 1980-1312/9/99
2000-1 Extension of Filing Deadline for Nomination Petitions…Terminated 1/26/00
2000-2 Pennsylvania Workforce Investment Board…2/14/00
2001-1 Directives Management System …2/13/01
2001-2 State Employee Combined Appeal …2/14/01
2001-3The Voting Modernization Task Force…Terminated 12/31/01
2001-4 Economic and Community Development Partnership …6/5/01
2001-5 Governor’s Sportsmen’s Advisor, Governor’s Sportsmen’s Advisory Council, and the Governor’s Youth Sportsmen’s Advisory Council …
Rescinded by
2003-13—9/22/03
2001-6 Governor’s Task Force on Security …Rescinded by
2002-11—9/12/02
2002-1 Commonwealth Internal Operations Emergency Preparedness Steering Committee…

Rescinded by
2006-1—1/10/06
2002-2 Governor’s Task Force on Early Childhood Care and Education…7/15/02
2002-3 Equal Employment Opportunity …Rescinded by
2003-10—7/28/03
2002-4 Prohibition of Sexual Harassment in the Commonwealth …5/3/02
2002-5 Disability-Related Policy…5/3/02
2002-6 PA Open for Business …6/6/02
2002-7Integrating Mediation Into State Government …6/14/02
2002-8 Governor’s Interagency Task Force on Energy …7/18/02
2002-9 Governor’s Fire and Emergency Services Task Force…Terminated 10/1/02
2002-10 Governor’s Commission and Abandoned Mine Voids and Mine Safety…Terminated 11/15/02
2002-11 Pennsylvania Homeland Security Organizational Structure…9/12/02
2002-12 Rescission of Executive Order 1988-10…Terminated 10/15/02
2002-13 Proposed Keystone Opportunity Improvement Sub-zones …12/31/02
2003-1 Commonwealth’s Health Care Reform Agenda…1/21/03
2003-2 Agricultural Land Preservation Policy…3/20/03
2003-3 Management and Productivity Improvement Initiative…4/30/03
2003-4 Workplace Policy for HIV/AIDS …5/5/03
2003-5 Upper Delaware Federal Scenic River…6/22/03
2003-6 Pennsylvania Commission for Women…6/22/03
2003-7 Governor’s Advisory Commission on African American Affairs…6/22/03
2003-8 Governor’s Advisory Commission on Asian American Affairs…6/22/03
2003-9 Governor’s Advisory Commission on Latino Affairs…9/15/05
2003-10 Equal Employment Opportunity …7/28/03
2003-11 Governor’s Office of Housing and Community Revitalization …9/10/03
2003-12 Governor’s Cabinet on Children and Families …9/18/03
2003-13 Governor’s Advisor for Hunting, Fishing and Conservation; Governor’s Advisory Council for Hunting, Fishing and Conservation; Governor’s Youth Council for Hunting, Fishing and Conservation…9/22/03…1
2004-1 Governor’s Invasive Species Council …1/27/04
2004-2 Utilization of Commonwealth-Owned and Leased Space…2/18/04
2004-3 Pennsylvania Business Tax Reform Commission …3/4/04…1
2004-4 Anti-Sweatshop Procurement Policy…3/18/04
2004-5 Pennsylvania Energy Development Authority…4/8/04
2004-6 Minority and Women-Owned Business Opportunities…4/15/04
2004-7 Financial Education and Literacy …4/29/04
2004-8 Enterprise Information Technology Governance Board …12/19/05
2004-9 Economic Development Committee of the Cabinet…6/15/04
2004-10 Proposed Economic Development District…
Rescinded by 2004-10 7/15/04
2004-11 Pennsylvania Election Reform Task Force…12/13/04
2004-12 Energy Management and Conservation in Commonwealth Facilities…12/15/04
2005-1Transportation Funding and Reform Commission…2/28/05
2005-2Commission to address Gun Violence …4/22/05
2005-3 Proposed Economic Development District…
Rescinded by 2005-4 5/18/05
2005-4 Proposed Economic Development District …7/14/05
2005-5 Training America’s Teachers Commission…11/2/05
2005-6 Commission on College and Career Success…8/10/05
2005-7 Fuel Conservation Program…12/30/05Terminated 3/31/06
2005-8Governor’s Renewable Agricultural Energy Council…9/20/05
2006-1 Commonwealth Continuity of Government Steering Committee…1/10/06
2006-2Contract Compliance…1/31/06
2006-3 Commonwealth Business License Information Exchange Program…4/13/06
2006-4 Pennsylvania 2020 Vision Project…6/16/06
2006-5 Pennsylvania Homeland Security and Emergency Preparedness Organization Structure…6/26/06


Management
Directives
and Manuals.
Date of
Original
or Latest
Amendment
Current
Revisions
BUDGET
General
105.1 Allocation and Allotment of Funds for ICS Transactions…10/22/84
105.2 Contingent Commitments…7/2/85
105.3Block Grants…Rescinded/Obsolete 2/10/06
105.4 Allocation and Allotment of Funds for Non-ICS Transactions…10/22/84
105.5 Use of the Determination of Tax-Exempt Category for Capital Projects Form…9/12/91
Budget Preparation
110.2 Request for Approval of Federal Funds…1/14/85
110.3 Budgeting and Accounting for Federal Appropriations…5/29/85
Manuals.
M110.12005-06 Budget Instructions…8/04
M110.2 2004-05 Rebudget Instructions…Rescinded/Obsolete 2/10/06
MANAGEMENT/ADMINISTRATIVE SUPPORT
General
205.2 Powers and Duties of Policing Forces…2/9/77
205.4 Delegation of Authority to Sign…8/16/00
205.6 Defense of Suits Against Commonwealth Employees…9/30/86
205.9 Implementation of Financial Disclosure Provisions of the Governor’s Code of Conduct…3/7/06
205.10 Financial Disclosures Required by the Public Official and Employee Ethics Act, Act 93 of 1998, 65 Pa.C.S. § §  1101—11133/07/06
205.12 Financial Disclosures Required of Former Employees by the Public Official and Employee Ethics Act, Act 93 of 1998, 65 Pa.C.S. § §  1101—11133/7/06
205.14 Prohibition of Activities Not Specifically or Directly Connected with the Official Business of the Commonwealth on Commonwealth Property…2/2/88
205.15 Memberships in Associations, Organizations, or Societies…2/9/06
205.16 Compliance With the Whistleblower Law, Act 1986-16911/22/95
205.17 1987 Chesapeake Bay Agreement…3/2/88
205.18 Ballot Question Advocacy by Executive Branch Employees, Appointees, and Officials…4/11/88
205.19 Smoking in Commonwealth Buildings and Facilities…7/1/97
205.20 Documents and Evidence Relating to Asbestos in Commonwealth Buildings…6/7/89
205.21 Commonwealth Child Care Program…9/12/01…1
205.22 Implementation of Act 1988-101, Municipal Waste Planning, Recycling and Waste Reduction Act8/7/89
205.23Submission of Commonwealth Publications to the State Library for Distribution to Other Designated Libraries…12/5/05
205.24 Display of Flags on Commonwealth Grounds and Buildings…5/24/01
205.25 Disability-Related Employment Policy…6/19/02
205.26 The Americans With Disabilities Act of 1990, Title II, Subtitle A, Nondiscrimination in State and Local Government Services7/22/92
205.27 Implementation of Act 194-1990, Asbestos Occupations Accreditation and Certification Act11/16/92
205.28 Purchase of Recycled Content Products by State Agencies…4/2/93
205.29 Commonwealth Internet Access…1/5/99
205.30 Personal Use of Promotions and Offers…10/23/97
205.31 Pro Bono Publico Legal Services…2/11/99
205.32 Hiring Sign Language Interpreters/Transliterators…6/16/99…1
205.33 Workplace Violence…6/22/99
205.34 Standards for Employee and Other Authorized User Internet Use and Electronic Mail Communications…9/12/00
205.35 Information Reporting From the Commonwealth’s Enterprise SAP Business Information Warehouse System…7/5/02
205.36 Right-to-Know Law11/5/03
205.37 Role Assignment, Security, and Internal Control Maintenance…6/13/05
Manual.
M205.2Meeting Room Facilities…Rescinded by M210.3—3/18/05
Management Programs
210.1 Directives Management System…3/31/03
210.4 Central Microfilm Management…11/18/02
210.5 Records Management…5/22/06
210.6 Selection, Acquisition and Use of Filing Equipment…9/16/02
210.8 Micrographics Procedures to be Used in Conjunction With Central Microfilm Management…11/18/02
210.9 Electronic Imaging Systems Procedures Relating to the Management of
Records …


Rescinded by
210.5—5/22/06
210.10 Electronic Records Management…Rescinded by
210.5—5/22/06
210.11 Acceptance of Imaged Documents…6/16/97
210.12 Electronic Commerce Initiatives and Security…2/14/00
210.13Retention and Disposition of Records Created on Electronic Mail (E-mail) Systems…

Rescinded by
210.5—5/22/06
210.14 Retention and Disposition of Records Upon Departure of Senior Management Employees…12/7/04
210.15 Instant Messaging…11/29/04
Manuals.
M210.1 Guide to Efficient Filing…7/21/76
M210.3 Index of Issuances-Directives Management System…3/18/05
M210.4 Forms Management…8/16/83…1-2
M210.5 Standard (STD) Forms Management…9/15/98
M210.6 Publications Management…8/1/84…1
M210.7 State Records Management Manual…6/8/04
M210.8 Vital Records Disaster Planning…5/9/95
M210.9 General Administrative Records Retention and Disposition Schedule for Records Common to Most Agencies…5/01
Contracts Management
215.6 Contract Management…Rescinded by
M215.3—8/20/99
215.7Affirmative Action/Contract Compliance Program…
Rescinded by
M210.3—4/8/97
215.8Contractor Integrity Provisions for Commonwealth Contracts…12/20/91
215.9Contractor Responsibility Program…4/16/99
215.10Offset Provision for Commonwealth Contracts…
Rescinded by
215.9—4/16/99
215.11Contractor Responsibility Provisions for Commonwealth Contracts…
Rescinded by
215.9—4/16/99
215.12Provisions for Commonwealth Contracts Concerning the Americans With Disabilities Act1/16/01
215.13Contract Provision for Donation of Excess Prepared Food…6/21/94
215.14Recycled Content Products Provision for Commonwealth Contracts for Services…
Rescinded by
M215.3—8/20/99
215.15Statewide Contracts for the Purchase of Services…
Rescinded by
M215.3—8/20/99
215.16Contract Compliance Program…6/30/99
Manuals.
M215.1Contracting for Services…Rescinded by
M215.3—8/20/99
M215.2Commonwealth Contract Compliance Program Guidelines…
Rescinded by
M210.3—4/8/97
M215.3*Field Procurement Handbook****
(Updates ongoing-current publication available at: http://www.dgs.state.pa.us/Proc-handbook/site/default.asp?procurementNav)
Central Services
220.1 Commonwealth Media Services…6/21/90
220.3 Mail Delivery Between Harrisburg and the Philadelphia and Pittsburgh State Office Buildings…1/10/06
220.5 Payment of Interagency Billings for Centralized Services …5/21/98
220.9 Graphic Design, Typesetting, Reproduction, and Printing Services …6/4/87
220.10 Processing Automated Mail…Rescinded/Obsolete 5/8/06
220.11 Preservation of Commonwealth Deeds…5/3/06
Manual.
M220.3Computer Printing…Rescinded/Obsolete 5/25/05
Travel and Expenses
230.6 Travel Expenses of Job Applicants…4/30/97
230.7 Remittance of Witness Fees …5/31/79
230.9 Air Travel Acquisition and Billing for Airline Tickets…1/21/88
230.10 Travel and Subsistence Allowances…12/28/05
230.11 Use of Pittsburgh and Erie Convention Centers by State Agencies…
Rescinded/Obsolete 2/10/06
230.13 Commonwealth Corporate Card Program…11/2/00
230.14 Foreign Areas Subsistence Allowances…2/25/02
230.15 Continental United States High Cost Subsistence Allowances…6/6/02
230.16 Using E-ZPass in Commonwealth Vehicles…
Rescinded/Obsolete 2/10/06
Information Technology Management
240.7Submission of Changes to the Commonwealth Telephone Directory…4/6/06
240.11 Commonwealth Wireless Communication Policy…10/8/04
245.12 Implementation of the Data Center Project Plan…7/1/97
245.13 Strategic Direction for Information Technology Investments…2/8/06
245.14 Wireless Antenna Tower Management…3/8/06
245.15 Statewide Public Safety Radio System…3/7/06
245.16Pennsylvania Justice Network (JNET) Governance Structure…3/7/06
245.17 Commonwealth of Pennsylvania Public Safety Communications Council…10/20/05
245.18 IT Administrator Acceptable Use, Auditing and Monitoring, Incident Notification, and Response Policies and Procedures…2/7/06
245.19 Enterprise Technology Security Council…5/3/06
Manuals.
M245.2 State Computer Maintenance Contract for Terminals, Microcomputers, Printers, and Other Related Peripheral Equipment…


Rescinded/Obsolete 10/18/05
M245.4Policy for Personal Computers and Networks (PCs/LANs)…
Rescinded/Obsolete 11/2/05
Public Information Programs
250.1The Sunshine Act Meeting Notices…9/22/95
250.3State Contracts Information Document…Rescinded by
M215.3 Rev. 2—
10/5/01
Organization and Space Management
260.1Organization Requests…10/17/05
260.2Reorganization Plans for Transfers of Functions Between Agencies…11/16/87
Manual.
M260.1 Manual For Space Utilization…3/11/04
FINANCIAL MANAGEMENT
General
305.2 Standard Check Endorsement Procedure…8/15/88
305.3 Responsibilities of Comptroller Operations…3/19/97
305.4 Payments to Counties…5/24/00
305.5 Cash Management…11/16/92
305.6 Withholding Payments to Municipalities (Act No. 166 of 1978)…5/1/97
305.7 Interest Penalties for Late Payments…3/24/95…1
305.8 Commonwealth Bank Accounts and Special Banking Services…6/11/97
305.9 Use of Forms STD-419/419L, Refund of Expenditures, and STD-420/C420/420L, Transmittal of Revenue, When Unaccompanied by Remittances …11/5/99…1-2
305.10 Receipt of Federal Funds by Wire Transfer…1/23/89
305.11 Depositing Currency and Coin…4/21/97…1
305.12 Accounting, Reporting, and Cash Management of Federal Grants and Contracts…1/25/99
305.13 Use of Forms STD-419/419L, Refund of Expenditures, and STD-420/C420/420L, Transmittal of Revenue, When Accompanied by Remittances…4/4/00…1
305.14 Identifying Payments to Local Governments and Other Subrecipients…
Rescinded by
305.21—6/13/03
305.15 Processing and Distributing Returned Checks…8/30/89
305.16 Lobbying Certification and Disclosure…7/3/03
305.17 Preparation and Use of Form STD-417, Adjustment Memorandum From Department of Revenue to Treasury Department…10/29/90…1
305.18 Obtaining Authority for Electronic Approval of Commonwealth Voucher Transmittals…11/30/00
305.19 Identification of Boards, Commissions, and Councils…8/15/97
305.20 Grant Administration…5/26/00
305.21 Payments to Local Governments and Other Subrecipients …9/23/05
305.22 Commonwealth Business License Information Exchange Program…4/13/06
Accounting
310.1 Fiscal Guidelines for Federal Reimbursement of Disaster Related Expenditures…1/5/83
310.3 Encumbering and Lapsing of Appropriations …5/4/98…1
310.7Report of Lapse (STD-292)…Rescinded/Obsolete 2/10/06
310.8 Postage Due Procedures…1/8/87
310.9 Purpose and Use of Restricted Receipt and Restricted Revenue Accounts…11/20/78
310.10Collection, Requests for Compromise, and Write-Off of Delinquent Claims…8/29/96
310.11Payment and Financial Reporting Requirements for Non-Preferred Appropriations…1/19/82…1
310.12Refunding Erroneously Collected Fees and Charges…4/30/82
310.13 Generally Accepted Accounting Principles (GAAP)…6/13/95
310.14 Fixed Asset Accounting and Reporting…Rescinded By
310.14—2/10/06
310.14 General Capital Asset and Other Fixed Asset Accounting and Reporting in SAP…2/3/03
310.15 Agency Federal ID Numbers…6/7/96
310.16 Advancement Account Balances…8/21/87
310.17 Accounting for Payments of Federal Funds to Subrecipients…
Rescinded by
305.21—6/13/03
310.18 Reporting of Pending or Threatened Claims…Rev. 1—5/27/99
310.19 Accounting for Disbursements of Funds for Interagency Agreements, Memorandums of Understanding, and Notifications of Subgrant; Accounting for the Subgranting of Federal, Federal Matching Funds, or State Funds Between Commonwealth Agencies…9/4/97
310.20 Charging Equipment Expenditures to Federal Programs…8/31/94
310.21 Master Lease Tracking System…4/21/95
310.22 Central Vendor Information System…Rescinded/Obsolete 6/17/06
310.23 Commonwealth Purchasing Card Program…3/24/97…1
310.24 Accepting Debit/Credit Cards and Electronic Funds Transfers for Commonwealth Revenues…10/20/00
310.25 Transfers of Revenue or Expenses in SAP…12/5/02
310.26 Central Vendor Management Unit (CVMU)…2/9/04
310.27 Month-End Closing Processes…12/14/05
310.28 Use of One-Time Vendor Records in SAP…6/16/06
310.29 Using Value (Service) Date in SAP…6/28/06
Manuals.
M310.1Agency Operated Advancement Accounts…8/11/99
M310.2 Definitions of Major and Minor Objects of Expenditures…8/27/98…1
M310.3 Manual of Accounting…7/17/96
M310.4 Fixed Asset Accounting System…Rescinded/Obsolete 2/10/06
M310.10 Revenue and Receipts Accounting Subsystem…Rescinded/Obsolete 2/10/06
M310.11 Budget Control Subsystem…Rescinded/Obsolete 2/10/06
M310.12 General Ledger Subsystem…Rescinded/Obsolete 2/10/06
M310.13 Project Accounting Subsystem…Rescinded/Obsolete 2/10/06
M310.14 Grant Accounting Subsystem…Rescinded/Obsolete 2/10/06
M310.15 Commitment and Expenditure Control Subsystem…Rescinded/Obsolete 2/10/06
M310.16 ICS Information System (IIS) Terminal Operators Manual…Rescinded/Obsolete 2/10/06
Payroll
315.1Calculation and Payment of Statutory Salaries…03/3/06
315.6 Employees’ Requests for Additional State or Federal Income Tax Withholding…1/6/81
315.7 Employee Payroll Deductions for Credit Unions…6/1/89…1-2-3
315.8 Restitution of Overpayments…10/1/97
315.9 Withholding of Delinquent Local Taxes from Employees’ Paychecks…11/4/96
315.10 Recording and Reporting of Wage, Overtime, Shift Differential, and Short-Term Leave Without Pay…Rescinded/Obsolete 2/10/06
315.11 Distribution and Retention of Payroll Deduction Authorization Documents…4/24/80
315.13 Payments of Wages, Salary, Benefits, and Travel Expenses to Survivors of Deceased Employees…8/19/96
315.14Charges for State Employees Residing or Subsisting in Commonwealth Facilities…5/29/97
315.15 Withholding of Pennsylvania Higher Education Assistance Agency Loans from Employee Paychecks…3/21/83
315.16 Payment of Annuitant Medical and Hospital Benefits…9/10/97
315.17 Direct Deposit of Pay Program…10/20/00…1
315.18 Delivery of Payroll Checks to Employees…11/28/90
315.19 Check Distribution Codes…9/20/93
315.20* Taxability of the Use of State-Provided Vehicles…5/6/96…1-3-8
315.21 Deductions for U.S. Savings Bonds…11/7/85
315.22 Preparation and Filing of Federal Forms 1099 and 1096…1/3/95
315.23 Processing Employee’s Withholding Allowance Certificate (W-4)…2/9/88
315.25 Pennsylvania Personal Income Tax…9/12/88
315.26 Backup Withholding on Missing and/or Incorrect Taxpayer Identification Numbers…1/24/94…1
315.27 Recoupment of Conversion Pay Amounts…5/4/92
315.28** Taxability of State-Provided Parking…9/12/96…3
315.29 Mailing SAP-Generated Checks…12/5/02
Manual.
M315.1Municipal Tax Rate Schedules…Rescinded by Rev. 3—4/1/02
Audits
325.2Audit Inquiry Relative to Agency Litigation, Claims, and Assessments…2/23/95
325.3 Performance of Audit Responsibilities…9/14/94
325.4 Agency Annual Audit Plan…6/11/01
325.5 Single Audit Costs-State Level…9/27/00
325.6Auditing Computer Based Systems…6/12/87
325.7 Implementation of the Commonwealth’s State Level Single Audit…7/13/98
325.8Remedies for Recipient Noncompliance with Audit Requirements…6/11/99
325.9 Processing Audits of Federal Pass-Through Funds…12/3/03
325.10 Review of Auditor General, Treasury, and Legislative Budget and Finance Committee Audit Reports…8/31/94
EQUAL EMPLOYMENT OPPORTUNITY (EEO)
Equal Employment Opportunity Programs
410.5 Affirmative Action Program…Rescinded by
M210.3—4/8/97
410.9 Personnel Procedures for Affirmative Action Analysts, Affirmative Action Directors, and Compliance Specialists…

Rescinded by
M210.3—4/8/97
410.10 Guidelines for Investigating and Resolving Internal Discrimination Complaints…6/19/02
410.11 Commonwealth’s Equal Employment, Outreach, and Employment Counseling Program…5/8/97
Manual.
M410.3 Guidelines for Equal Employment Opportunity Plans and Programs…5/8/97
EMPLOYEE DEVELOPMENT AND UTILIZATION
General
505.1Employee Furlough Policy…2/16/06
505.2 Salaried Complement Management System…3/10/98
505.4 Salaried Complement Control…2/18/82…1
505.7 Personnel Rules…2/24/98…1
505.8 Transmittal of Personnel Action Notifications…4/2/98
505.9 Standard Abbreviations for Use With the Compensation Plan and SAP R/3 System…3/11/04
505.11 Emergency Assignments of Employees During Emergencies…6/17/98
505.12 Annual List of Employees …6/26/01
505.15 Exit Information Program…5/22/97
505.17 Furlough of Employees on Work-Related Disability Leave…7/25/00
505.18 Maintenance, Access, and Release of Employee Information…2/14/03
505.20 Wage Complement Management and Control…11/10/99
505.21 Office Hours…1/19/00
505.22 State Employee Assistance Program…4/2/03
505.23 Employee Recognition Programs…3/12/98
505.25 Substance Abuse in the Workplace…3/18/05
505.26 HIV/AIDS and Other Bloodborne Infections/Diseases in the Workplace…3/18/05
505.27 The Worker and Community Right to Know Act (P. L. 734, No. 159)8/3/93
505.28 Family Care Account Program…10/11/05
505.29 Commercial Driver License Drug and Alcohol Testing Requirements…
Rescinded by
M505.5—11/5/99
505.30 Prohibition of Sexual Harassment in Commonwealth Work Settings…6/19/02…1
505.31 Domestic Violence and the Workplace…5/31/04
Manuals.
M505.2Personnel Management Review…7/9/97
M505.3 State Employee Assistance Program…10/29/98
M505.4 Personnel Records Retention and Disposition Schedule…12/7/98
M505.5 Commercial Driver License Drug and Alcohol Testing and Licensing Requirements Administrative Manual…5/30/02
M505.6An Agency Guide to Workplace Violence Prevention and Response…5/28/02
Employment
515.2 Transfer of Employees From One Agency to Another…6/16/00
515.3 Classified Service Emergency Appointments…5/14/85
515.4 Seniority Rights of Commonwealth Employees …7/12/06
515.10 Selection and Appointment to Non-Civil Service Positions…2/16/06
515.12 Confidential Employees…9/28/04
515.15 Identification, Employment, and Education Verification Checks…6/13/97
515.16 Appointment to Senior Level Positions…2/14/06
515.17 Computer Systems Intern Program…8/29/89
515.18 Supplementary Employment …7/7/98
515.19 Accounting Intern Program…10/7/85
515.20 Reemployment of Commonwealth Annuitants…2/21/02
515.21 Commonwealth School-to-Work Program…2/14/06
Classification
520.3 Unclassified Codes and Titles…6/16/03
520.4 Position Classification Post-Audits…11/16/99
520.5 Centralized Classifications Control System…11/7/96
520.6 Processing of Reclassification Actions…11/7/96
520.7 Development and Validation of Classification Standards…4/3/97
520.8 Pay Action Effective Dates for Changes to Position Classifications and the Classification Plan …11/7/96
520.9 Appointments Above the Minimum…3/5/98
Pay
525.4 Temporary Assignment in Higher Classification…4/20/04
525.6 Advances on Salaries or Wages Earned…8/29/96
525.8 Processing of Pay Increments…Rescinded by
M210.3—4/8/97
525.11 Dual Employment…2/10/97
525.12 Reinstatement of Discharged Employees…9/21/79
525.13 Maintenance of Weighted Salaries…9/28/01
525.15 Overtime…2/10/97
525.16 Physicians and Related Occupations Quality Assurance Program…2/14/06
525.17 Internal Revenue Service Levies on Wages, Salary, and Other Income or Payments…6/28/91
Manual.
M525.2 Commonwealth Pay Plan…Rescinded by
M210.3—3/12/04
Benefits
530.1Agency Employee Services Coordinators…5/16/06
530.2Sick Leave Without Pay, Parental Leave Without Pay, and Family Care Leave Without Pay…1/13/97
530.3 State Employe Combined Appeal for New Employees and Employees on Inter-Agency Transfers…1/18/96
530.4 State Paid Benefits While on Sick, Parental, or Family Care Leave Without Pay…3/21/96
530.8 Motor Vehicle Financial Responsibility Law7/22/97
530.9 Social Security Records…10/9/97
530.10 Administrative Leave to Compete in International and World Championships…7/23/96
530.11 Benefit Rights of Permanent and Temporary Employees…10/6/00
530.14 Payment for Leave…Rescinded by
530.14 Rev. 1 and M210.3—10/3/99
530.15 Disability Benefits, Related Pay Status Options, and Retired Employee Health Program (REHP) Effective Dates…7/8/97
530.17 Partial and Full Day Closings of State Offices…12/28/95
530.18 Benefit Rights of Furloughed Employees…2/24/97
530.20 State Paid Benefits While on Cyclical Leave Without Pay…7/8/97
530.21 Paid Leave for Blood Donation…5/13/97
530.22 Unemployment Compensation, Noncovered Employment—‘‘Major Nontenured Policymaking or Advisory Positions’’…11/20/96
530.23 State Employee Combined Appeal…11/2/01…1
530.24 Retired Employee Health Program Eligibility Requirements…10/5/01
530.26 Benefit Entitlements for Employees on Military Leave…4/26/00
530.27 Leave Related Policies for Employees Excluded from Earning Leave and Leave Service Credit…2/7/97
530.28 Pennsylvania Employees Benefit Trust Fund (PEBTF)…9/14/04
Manuals.
M530.2Injury Leave Manual …11/29/01…1
M530.3 Group Life Insurance Program Administrative Manual …6/26/01
M530.4 Commonwealth of Pennsylvania Highlights of State Employee
Benefits…
8/04
M530.7 Leave and Holiday Programs…7/7/98
M530.9 Unemployment Compensation Insurance Administrative Manual…12/7/98
M530.14 Unemployment Compensation and the Supervisor…3/82
M530.15 State Police Health Program/State Police Supplemental Benefits Program Administrative Manual…6/5/01…1-2
M530.16 Temporary Clerical Pool Agency User Manual…10/99
M530.17 Temporary Clerical Pool Employee Handbook…12/94
M530.18 The Benefits of a ‘‘Healthy’’ Sick Leave Balance…11/97
M530.19 Leave Without Pay and Injury Leave Processing Instructions…4/2/98
M530.20 Commonwealth of Pennsylvania Employee Benefits…
Rescinded as by M210.3—03/18/05
Training
535.1Employee Training and Development…2/9/00
535.2 Physicians and Related Occupations Specialty Board Certification Payments…2/21/06
535.3 Out-Service Training…11/16/99
535.4 Use of State Work Program and Public Services Trainee Classes…2/16/84
535.5 Use of Trainee Classes in the Classified Service…10/8/04
535.6 Commonwealth Management Development Program…2/9/00
535.7 Annual Agency Training Plan and Report…7/8/99
Performance Evaluations
540.7 Employee Performance Review…3/5/02
Retirement
570.1State Employees’ Retirement System, Duties of Departments and Agencies…5/8/06
570.2Use of Form SERS-147 to Elect Membership in Full Coverage Retirement Group…Rescinded/Obsolete 11/28/05
570.5 Employer Contributions Required on the Purchase of Previously Uncredited State Service…5/9/06
570.6 Optional Membership in State Employees’ Retirement System…2/22/06
570.7 Credited State Service…Rescinded/Obsolete 11/28/05
570.8 Reinstatement of Dismissed or Furloughed Employees Into the State Employees’ Retirement System…4/3/06
570.9 Reinstatement Into the State Employees’ Retirement System of Employees Furloughed or Otherwise Terminated and Reemployed…2/17/06
570.10 Final Average Salary-Part-Time Service, State Employees’ Retirement System…
Rescinded/Obsolete 11/28/05
570.11 Changes to Retirement and Personnel/Payroll System and Collection of Arrears Balances…3/23/06
570.12 Refusal of Recall From Furlough-Termination of Interest on Retirement Contributions…2/17/06
570.13State Employees’ Retirement System, Regional Field Offices…9/23/92…1
570.14 Deferred Compensation Program…3/25/05
570.15 Public Employee Pension Forfeiture Act No. 1978-140…6/6/06
Manual.
M570.3 State Employees’ Retirement System Counselors’ Manual…Rescinded/Obsolete 1/31/01
Civil Service
580.2 Civil Service Availability Survey/Interview Notice…7/5/94
580.6 Tabulation of Classified Service Employees…6/16/06
580.8 Classified Service Probationary Periods…10/5/04
580.10 Rights of Certified Eligibles in the Classified Service …5/16/86
580.11 Documentation of Classified Service Personnel Actions…6/27/06
580.12 Recruitment for Classified Service Positions …10/15/87
580.13* Report of Personnel Transactions for Non-State Employees…8/18/87
580.15 Selective Certification of Classified Service Eligibles…6/26/90
580.16 Provisional Employment in the Classified Service…12/5/86
580.17 Performance Evaluations to Determine Order of Furlough for Classified Service Employes…

Rescinded by
M580.2—10/16/97
580.18 Pennsylvania Residency Requirements for the Classified Service…2/15/05
580.19 Promotion in the Classified Service Without Examination …12/4/01
580.20 Classified Service Furlough and Reemployment…
Rescinded by
M580.2—10/16/97
580.21 Veterans’ Preference on Classified Service Employment Lists…3/6/06
580.23 Resignation From and Reinstatement to the Classified Service…3/12/90
580.24 Promotion of Employees in Unskilled Positions Into the Classified Service…5/28/96
580.25 Political Activities of Classified Service Employees…9/30/92
580.26 Transfer or Reassignment of Classified Service Employees…2/28/90
580.27 Limited Appointments to Positions Exempted from the Classified Service Pursuant to Section 3(c)(4), Civil Service Act…2/18/88
580.28 Reallocation to a Lower Class in the Classified Service…2/27/90
580.29 Rapid Promotion Examinations in the Classified Service…
Rescinded/Obsolete 5/17/06
580.30 Classified Service Leave Without Pay and Return Rights …3/24/86
580.31 Classified Service Temporary Appointments…7/18/90
580.32 Substitute Employment in the Classified Service…12/11/86
580.33 Reproductions of Documents for Classified Service Personnel Actions…9/14/90
580.34 Removal of Eligibles for Certification or Appointment in the Classified Service…5/20/02
580.35 Employees Placed in the Classified Service by Position Reallocation…3/29/88
580.36Engineering Intern Program…1/14/94
580.37 Promotion by Appointment of Unclassified Service Employees Into the Classified Service…5/22/02
580.38 Use of Intern Job Titles in the Classified Service… 10/8/04
Manuals.
M580.1 Certification of Eligibles for the Classified Service…4/7/97
M580.2 Furlough of Classified Service Employees Not Covered by Labor Agreements…9/25/03
Labor Relations
590.1 Labor Relations…2/16/06
590.2 Confidential Positions and Employees…3/8/06
590.3 Deduction of Union Dues/Fair Share Fees…5/22/06
590.5 Guidelines to be Followed During Legal or Illegal Strikes…5/25/06
590.6 Information Needed to Obtain Injunctions Against Illegal Strikes…
Rescinded by
590.5—5/13/97
590.7 Labor Relations—Grievance Administration…6/8/06
590.8 Classification Grievance Processing…3/30/06
Manuals.
M590.2 Digest of Commonwealth Employee Classification Arbitration Cases…
Rescinded/Obsolete 11/25/05
SUPPLIES, SERVICES, AND EQUIPMENT
Supplies and Equipment Acquisition/Disposition
610.2Release and Receipt of Surplus State Property…
Rescinded by
M215.3—8/20/99
610.3 Transfer or Sale of Surplus State Property…
Rescinded by
M215.3—8/20/99
610.4 Procedures for Purchasing Goods and Services Not Exceeding $1,500 Through Advancement Accounts…11/17/83
610.5 Disposition of Personal Property and Equipment Purchased with GSA Bond Moneys…

Rescinded by
M215.3—8/20/99
610.7 Acquisition of Surplus Federal Personal Property…
Rescinded by
M215.3—8/20/99
610.9 Recovery of Precious Metals…Rescinded by
M215.3—8/20/99
610.11 Equipment Lease Renewals…Rescinded by
M215.3—8/20/99
610.12 Renewal of Multiyear Equipment Leases Containing Purchase Options…
Rescinded by
M215.3—8/20/99
610.13 Local Bids and Local Awards for Goods Costing $1,500 to $10,000…
Rescinded by
M215.3—8/20/99
610.14 Review of Sole Source Purchase Requisitions for Equipment and Supplies…

Rescinded by
M215.3—8/20/99
610.15 Master Lease Program…Rescinded by
610.15 Rev. 1—
7/26/04
(Revision No. 1 to 610.15 is rescinded upon publication of M210.3, Index of Issuances dated 3/18/05.)
Manuals.
M610.1General Services Commodity Distribution Center Catalog…
Rescinded/Obsolete 7/14/05
M610.5 Field Purchasing Manual…Rescinded by
M215.3—8/20/99
Automotive Services
615.1 Temporary Assignment of Commonwealth Automotive Fleet Vehicles…1/6/06
615.2 Motor Vehicle Liability Insurance and Accident Reporting…6/17/96
615.3 Rates and Billing for Motor Vehicles of the Commonwealth Automotive Fleet…10/12/05
615.6 License Plates for Commonwealth-Owned Vehicles…6/30/97
615.7 Repairs, Maintenance, and Payment for Services…10/12/05
615.8Use of State Automobiles…3/26/80
615.9Permanent Assignment of Commonwealth Automotive Fleet Vehicles…10/12/05
615.11Use and Condition Inspections of Commonwealth-Owned Motor
Vehicles…


Rescinded/Obsolete 04/28/06
615.12 Motor Vehicle Authorization List…5/1/06
615.13Emission Control Program—Commonwealth Automotive Fleet Vehicles…9/26/97
615.14Repairs and Maintenance, Commonwealth Automotive Fleet…
Rescinded/Obsolete 10/13/05
615.15Vehicle Parking License Agreements…7/29/01
Commodity Standards
620.1 Coal Sampling and Reporting…10/4/05
Buildings, Property, and Real Estate
625.1 Repairs, Alterations, and Improvements to Commonwealth Buildings Under the Direct Supervision of the Department of General Services…10/4/04
625.2 Inventory of Commonwealth Real Property…5/22/06
625.3Moving Employee Household Goods and Commonwealth Property…3/14/96
625.4 Enforcement of Fire and Panic Regulations…3/27/91
625.5 Reporting Surplus Real Property…5/6/96
625.6 Lease Amendment Exceptions for Leasehold Construction Improvements Costing Less than $10,000…2/28/01
625.7 Use of Form STD-291, Request for Lease Action and Budget Approval…11/6/97
625.8 Contracting for Bargaining Unit Work…2/25/94
625.9 Payment of Contractors and Design Professionals for Agency-Funded Construction Projects Undertaken by the Department of General Services…3/9/01
625.10 Card Reader and Emergency Response Access to Certain Capitol Complex Buildings and Other State Office Buildings…4/21/04
Bonds and Insurance
630.1Agency Insurance Coordinators…10/2/87
630.2Reporting of Employee Liability Claims…4/28/98
COMMONWEALTH PROGRAMS
Protection and Safety
720.2 Wage Standards Picketing …2/3/77
720.3 Emergency Evacuation Plans at Commonwealth Facilities …12/3/04
720.4 Safety and Loss Prevention Program…10/2/87
720.5 Energy Conservation and Electrical Devices in Commonwealth-Owned or Leased Buildings…6/7/06
720.6 Call Trace Procedures for Threatening, Harassing, and Nuisance Telephone Calls …9/28/05
720.7 Bomb Threats and Suspicious Packages…11/1/04

Source

   The provisions of this §  1.4 amended May 27, 1988, effective May 28, 1988, 18 Pa.B. 2393; amended April 14, 1989, effective April 15, 1989, 19 Pa.B. 1647; amended September 14, 1990, effective September 15, 1990, 20 Pa.B. 4836; amended September 20, 1991, effective September 21, 1991, 21 Pa.B. 4331; amended September 18, 1992, effective September 19, 1992, 22 Pa.B. 4743; amended May 10, 1993, effective May 10, 1993, 23 Pa.B. 2897; amended October 13, 1993, effective October 13, 1993, 23 Pa.B. 5620; amended January 7, 1994, effective January 8, 1994, 24 Pa.B. 133; amended February 25, 1994, effective February 26, 1994, 24 Pa.B. 1096; amended April 8, 1994, effective April 9, 1994, 24 Pa.B. 1850; amended May 13, 1994, effective May 14, 1994, 24 Pa.B. 2535; amended August 19, 1994, effective August 20, 1994, 24 Pa.B. 4212; amended November 18, 1994, effective November 19, 1994, 24 Pa.B. 5752; amended June 2, 1995, effective June 3, 1995, 25 Pa.B. 2191; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 9, 1996, effective February 10, 1996, 26 Pa.B. 593; amended March 15, 1996, effective March 16, 1996, 26 Pa.B. 1146; amended October 31, 1997, effective November 1, 1997, 27 Pa.B. 5616; amended March 21, 2003, effective March 22, 2003, 33 Pa.B. 1452; amended January 14, 2005, effective January 15, 2005, 35 Pa.B. 358; amended April 8, 2005, effective April 9, 2005, 35 Pa.B. 2116; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4205. Immediately preceding text appears at serial pages (274756) to (274757) and (310207) to (310241).

§ 1.5. Office hours.

 (a)  Under sections 221 and 709(d) of The Administrative Code of 1929 (71 P. S. § §  81 and 249(d)), the Executive Board has, in a resolution dated September 26, 1985, determined the hours when the central administrative offices of State Government are to be open for the transaction of public business at least 8 hours each day, except Saturdays, Sundays, and selected holidays as determined by the Executive Board.

 (b)  An agency may authorize employees to work a standard schedule at hours outside the office hours shown on the schedule of office hours. An agency may assign employees to work staggered work hours to meet program or operational needs, or approve employee requests to accommodate transportation, family care, education, or other compelling reasons. An agency also may establish, with Office of Administration approval, alternate work schedules andflex-time arrangements for operational units that measurably will improve efficiency and/or client service. Such scheduling variations outside of an agency’s standard operating hours cannot impair the operational efficiency or client service provided by the agency.

 (c)  The opening and closing hours of field administrative offices shall be determined by each agency head in a manner consistent with its operational needs and in conformance with section 221 of The Administrative Code.

 (d)  Requests for changes to the schedule shall be forwarded to the Secretary of Administration, with justification, for consideration by the Executive Board.

 (e)  The schedule of office hours is as follows: 7:30 a.m.—4 p.m. Liquor Control Board; 7:30 a.m.—4:30 p.m. Civil Service Commission, Public School Employees’ Retirement System; 7:30 a.m.—5 p.m. Executive Offices, Revenue; 7:45 a.m.—4:15 p.m. Pa. Municipal Retirement System; 8 a.m.—4 p.m. Agriculture, Emergency Management Agency, Fish and Boat Commission, Game Commission, Milk Marketing Board; 8 a.m.—4:30 p.m. Environmental Protection, Insurance, Public Utility Commission, State Employees’ Retirement System, State Tax Equalization Board, Transportation, Treasury; 8 a.m.—5 p.m. Conservation and Natural Resources, Corrections, Education, General Services, Health, Labor and Industry, Public Television Network Commission, State; 8:15 a.m.— 94:15 p.m. State Police; 8:15 a.m.—4:30 p.m. Military and Veterans Affairs; 8:30 a.m.—4:45 p.m. Probation and Parole Board; 8:30 a.m.—5 p.m. Aging, Attorney General, Auditor General, Banking, Community and Economic Development, Governor’s Office, Historical and Museum Commission, Lieutenant Governor’s Office, Public Welfare, Securities Commission.

Source

   The provisions of this §  1.5 amended September 6, 1990, effective September 6, 1990; amended March 21, 2003, effective March 22, 2003, 33 Pa.B. 1452. Immediately preceding text appears at serial pages (236357) to (236358) and (200865).

Subchapter B. HEALTH CARE


Sec.


1.31—1.34.  [Reserved].
1.35.     Purpose of the State Center of Health Statistics and Research.
1.36.     Cooperation by State agencies.
1.37.     Rescissions.

Source

   The provisions of this Subchapter B adopted by Executive Order 1976-2 dated March 19, 1976, 6 Pa.B. 538, unless otherwise noted.

§ § 1.31—1.34. [Reserved].


Source

   The provisions of these § §  1.31—1.34 adopted by Executive Order No. 1976-2, dated March 19, 1976, 6 Pa.B. 538; reserved by Executive Order No. 1993-4, dated October 13, 1993, 23 Pa.B. 5284. Immediately preceding text appears at serial pages (182187) to (182188).

§ 1.35. Purpose of the State Center of Health Statistics and Research.

 In addition to serving as the focal point for coordinating the collection, analysis and dissemination of health data, the State Center for Health Statistics and Research shall:

   (1)  Provide statistical support services to meet the needs of Federal, State and local data users and providers in both public and private sectors.

   (2)  Continue its commitment to reducing duplication of data collection and processing through shared data systems to:

     (i)   Improve the quality, timeliness and comparability of health statistics.

     (ii)   Analyze and disseminate information on the health status of Pennsylvanians and utilization of the health care delivery system.

     (iii)   Provide equal access to data to appropriate data users. Access shall be limited by provisions of guarantees for the confidentiality of individually identifiable data.

     (iv)   Support the goals and objectives of a National cooperative health statistics system.

§ 1.36. Cooperation by State agencies.

 Agencies under the jurisdiction of the Governor shall cooperate and provide information to the State Center for Health Statistics and Research in the performance of its functions.

§ 1.37. Rescissions.

 Executive Orders 1986-4 and 1976-2 are rescinded.

Subchapter C. INTERPRETATION OF THE SUNSHINE ACT OF 1986 AS APPLIED TO EXECUTIVE AGENCIES


Sec.


1.41.    Requirements.
1.42.    Agencies.
1.43.    Official action.
1.44.    Deliberations.
1.45.    Executive sessions.
1.46.    Personnel matters.
1.47.    Labor relations.
1.48.    Purchase or lease of property.
1.49.    Consultation with professional advisors.
1.50.    Privileged, confidential, investigatory and quasi-judicial matters.
1.51.    Academic admission or standing.
1.52.    Minutes.
1.53.    Notice.
1.54.    Emergency meetings.
1.55.    Rules and regulations.
1.56.    Use of recording devices.
1.57.    Conferences.
1.58.    Administrative action.
1.59.    Exemptions.
1.60.    Violations.
1.61.    Force and effect.

Source

   The provisions of this Subchapter C adopted October 22, 1976, 6 Pa.B. 2640, reserved by Executive Order 1983-3, dated March 15, 1983, 13 Pa.B. 1575; readopted January 16, 1987, effective January 17, 1987, 17 Pa.B. 286. Immediately preceding text appears at serial pages (113742) to (113743).

§ 1.41. Requirements.

 (a)  General provisions. A meeting of an agency at which official action or deliberations by a quorum of the members of an agency take place shall be open to the public unless exempt from this subchapter or closed for an executive session. The agencies official actions and deliberations which are covered by this subchapter are defined by § §  1.42, 1.43 and 1.44 (relating to agencies; official action; and deliberations). Exemptions from this subchapter are set forth in subsection (i), and executive sessions may be closed as provided by §  1.45 (relating to executive sessions).

 (b)  Voting. Votes taken at open meetings shall be publicly cast and, in the case of role call votes, recorded in the minutes of the agency. Agencies may take official action by notational voting as provided by §  1.43(c).

 (c)  Minutes. Written minutes of open meetings prepared as set forth in §  1.52 (relating to minutes) shall be kept and made available as a public record for examination and copying.

 (d)  Public notice. Public notice in the manner provided by §  1.53 (relating to notice) shall be given at least 3 days in advance of an agency’s first regular meeting of each calendar or fiscal year and at least 24 hours in advance of a special meeting or rescheduled meeting.

 (e)  Emergency meetings. Advance public notice is not required in the case of an emergency meeting as provided by §  1.54 (relating to emergency meetings).

 (f)  Schedule of regular meetings. An agency shall give public notice of their schedule of regular meetings for the calendar or fiscal year, either prior to or immediately following the agency’s first regular meeting.

 (g)  Rules of order. An agency may adopt rules and regulations necessary for the conduct of meetings and the preservation of order as provided by §  1.55 (relating to rules and regulations).

 (h)  Recording devices. Subject to rules and regulations adopted by an agency, as provided by §  1.56 (relating to use of recording devices), a person attending an open meeting of the agency has the right to use recording devices to record proceedings of the meeting.

 (i)  Exemptions. An agency is not required to conduct open meetings to hold conferences under §  1.57 (relating to conferences), to take administrative action as provided by §  1.58 (relating to administrative action) or, as set forth in §  1.59 (relating to exemptions), to take official action or conduct deliberations regarding a matter which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including the investigation of violations of law and quasi-judicial deliberations.

 (j)  Meeting locations. An agency shall conduct open meetings at locations reasonably accessible by members of the public and with adequate seating and other facilities to allow effective public observation and, if appropriate, participation in agency deliberations. A meeting site shall be accessible to handicapped individuals and shall either be within a public building or at a location fully open and available to members of the general public. A meeting may not be conducted at a private club or another location not customarily accessible by members of the public.

 (k)  Violations. An agency is not authorized to conduct formal adjudications of complaints regarding alleged violations of this subchapter, but if an agency determines that it has violated this subchapter, the agency may cure the defective procedure in the manner provided by §  1.60 (relating to violations).

§ 1.42. Agencies.

 (a)  General provisions. This subchapter applies to an agency of the executive branch of the government of the Commonwealth which:

   (1)  Is created by or under a statute.

   (2)  Performs, or has for its purpose the performance of essential governmental functions.

   (3)  Exercises governmental functions through the joint action of two or more individual members of the agency.

   (4)  Takes official action.

 (b)  Advisory agencies. This subchapter applies to an agency of the executive branch which exercises solely advisory functions to the extent the rendering of advice by the agency affects substantive or procedural, personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or a part thereof. The rendering of advice has such effect in situations including, but not limited to, those in which the offering of advice is legally necessary for the exercise of essential governmental functions by another agency or by law forms a part of a legally reviewable record for subsequent adjudicative or regulatory proceedings.

 (c)  Joint actions. This subchapter applies to a group composed of two or more agency heads or public officials which by law perform essential governmental functions through the joint action of its members. This subchapter does not apply to the group to the extent its members are separately required to review, approve or offer advice, comment or consultation regarding an official action and do not constitute a single legal entity for the purpose of jointly taking the action.

 (d)  Governor’s Cabinet. This subchapter applies to the Governor’s Cabinet when meeting on official policymaking business. Official policymaking business refers to discussions, deliberations or decisions vested in the cabinet by law or executive order with regard to the formation, endorsement, ratification or approval of a program or general plan for the conduct of governmental functions. Except as otherwise provided by this subchapter, this subchapter applies to meetings of the Human Resources Committee of the Cabinet, the Economic Development Committee of the Cabinet and the Governor’s Task Force on Regulatory Relief. This subchapter does not apply to informal meetings of the cabinet, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information regarding the general administration of State government or for predominantly social purposes.

 (e)  Committees. This subchapter applies to a committee composed from the membership of an agency if the committee has been authorized by the agency to take official action on behalf of the agency or to render advice to the agency on matters of agency business. Advisory committees are subject to this subchapter to the same extent and subject to the same limitations as advisory agencies.

 (f)  Departments. Departments and other agencies of the executive branch headed by a single executive officer and meetings between department heads and other officers, investigators and employes for the purpose of making determinations or soliciting information are not subject to this subchapter.

 (g)  Staff meetings. This subchapter applies to a committee or group of agency staff members authorized by law to take official action through the joint action of its members. This subchapter does not apply to a committee or group of staff members providing advice or assistance to the agency or authorized by the agency to take official action.

Cross References

   This section cited in 4 Pa. Code §  1.41 (relating to requirements).

§ 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.

Cross References

   This section cited in 4 Pa. Code §  1.41 (relating to requirements); and 4 Pa. Code §  1.52 (relating to minutes).

§ 1.44. Deliberations.

 (a)  Scope. Deliberations by a quorum of the members of an agency shall be subject to this subchapter if the members of the agency discuss agency business for the purpose of making a decision.

 (b)  Presumption. It shall be presumed that whenever a quorum of an agency meets by prearrangement to discuss agency business that the meeting occurs for the purpose of making a decision unless based upon clear and convincing evidence the meeting does not satisfy the criteria in subsection (b).

 (c)  Covered discussions. Discussions are held for the purpose of making a decision if the following exist:

   (1)  The agency is scheduled to take or reasonably anticipates taking official action involving a decision on agency business in the reasonably immediate future.

   (2)  The agency has formulated recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders relating to agency business upon which decisions will be made or with reasonable specificity has indentified courses of agency action upon which the recommendations, policies, motions, proposals, resolutions, rules, regulations, reports or orders will be prepared.

   (3)  The discussions involve direct or indirect indications of how individual members of the agency will vote upon matters subject to official action by the agency.

   (4)  The discussions occur at a prearranged gathering of the members of the agency held for the purpose of deliberations upon agency business or the meeting is held for another purpose and the meeting includes a significant or substantial amount of deliberation among a quorum of the members of the agency.

 (d)  Informal meetings. This subchapter does not apply to informal meetings of a quorum of the members of an agency, such as breakfasts, luncheons, dinners and receptions conducted primarily to exchange information about general agency operations or for predominantly social purposes. Agency members shall avoid discussions at meetings which directly or indirectly indicate how individual members will vote upon matters subject to official action by the agency.

Cross References

   This section cited in 4 Pa. Code §  1.41 (relating to requirements).

§ 1.45. Executive sessions.

 (a)  Purpose. An agency may hold a meeting from which the public is excluded for one or more of the purposes in § §  1.46—1.51.

 (b)  Attendance. An agency may admit to an executive session persons necessary to carry out the purpose of the meeting. The persons may include, but are not limited to, agency staff, legal and technical advisors and individuals and their representatives who may be affected by matters to be discussed at an executive session. An agency may also meet with auditors and legislative investigatory committees in an executive session.

 (c)  Procedure. An executive session may be held during an open meeting, at the conclusion of an open meeting or may be announced for a future time at an open meeting. If an agency conducts an executive session which was not announced at an open meeting, the agency shall give each of its members at least 24 hours’ notice in advance of the time of the meeting unless all of the members of an agency by unanimous agreement waive the requirement for the notice.

 (d)  Notice. At the open meeting occurring immediately prior or subsequent to an executive session, the agency shall announce and include within its minutes, the date, time, location and purpose of the executive session. The purpose of an executive session may be explained by a general reference to the types or categories of subjects discussed at the session and need not identify with specificity persons or matters considered during the meeting.

 (e)  Official action. Unless otherwise provided by law or exempt under §  1.59 (relating to exemptions), a meeting at which a quorum of the members of an agency take official action with regard to matters discussed at an executive session shall be open to the public.

 (f)  Minutes. The agency shall keep minutes of each executive session in the same manner required by §  1.52 (relating to minutes) for open meetings. The minutes of executive sessions do not constitute records available for public inspection and copying.

Cross References

   This section cited in 4 Pa. Code §  1.41 (relating to requirements); 4 Pa. Code §  1.46 (relating to personnel matters); 4 Pa. Code §  1.47 (relating to labor relations); and 4 Pa. Code §  1.52 (relating to minutes).

§ 1.46. Personnel matters.

 (a)  Scope. An agency may hold an executive session to discuss a matter related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or employe employed by the agency.

 (b)  Closed hearings. An executive session may include, at the discretion of the agency, a closed hearing attended by the individual subject to the proceedings and the individual’s legal representative. Unless otherwise provided by law, the record of the hearing is not a record available to the public for copying and examination.

 (c)  Requests for open meetings. Unless otherwise provided by law, the individual whose rights could be adversely affected by discussions at an executive session regarding personnel matters may request, in writing, that the matters be discussed at an open meeting. The request shall include a specific waiver of the rights to confidentiality regarding personnel records, reports and other matters material to the proceedings to the extent the records, reports or other matters are discussed at an open meeting. The agency may grant or deny a request to conduct discussions in an open meeting. The agency shall deny the request to conduct the discussions at an open meeting if the meeting would impair the progress of an investigation by the agency into other or related matters concerning the official duties of the agency or would operate to the improper prejudice or impairment of another person’s personal safety or reputation.

 (d)  Official actions and suspensions. Unless otherwise provided by law and as required under §  1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency at which official action is taken to hire, appoint, terminate, reward, promote or discipline an employe shall be open to the public. The agency may, pending the formal action, temporarily suspend an employe or public official under procedures established by the Office of Administration or the Executive Board.

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions).

§ 1.47. Labor relations.

 (a)  Scope. An agency may conduct an executive session to hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.

 (b)  Attendance. An executive session to consider labor relations matters session may be attended, at the discretion of the agency, by representatives of employes or their bargaining organizations.

 (c)  Official actions. Unless otherwise provided by law and as required under §  1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency to adopt a collective bargaining agreement or other labor contract, award or agreement shall be open to the public. The agency may make decisions regarding strategy and offers made in the court of negotiation at an executive session.

Notes of Decisions

   Grievance Subject to Arbitration

   The arbitrator correctly relied on the past practice of the district court in granting rescission of sabbatical requests over an 8-year period and in finding the dispute arbitrable. The arbitrator’s decision not only did not conflict with any language of the agreement, but it also met the ‘‘essence test’’ in that the collective bargaining agreement contained no integration clause nor any language eliminating past practices as a consideration. Centennial School District v. Centennial Education Association, 26 D.&C. 4th 567 (1996).

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions).

§ 1.48. Purchase or lease of property.

 (a)  Scope. An agency may conduct an executive session to consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease the property is obtained if the agreement is obtained directly without an option. Agencies should utilize executive sessions to consider the acquisition or lease of real property only in circumstances in which the public disclosure of the considerations is likely to lead to speculation, collusion among sellers or other events likely to increase the cost to the Commonwealth of acquiring or leasing real property.

 (b)  Attendance. An executive session to consider the purchase or lease of real property may be attended, at the discretion of the agency, by a seller or lessor of the property or his representative or agent.

 (c)  Official actions. A meeting at which an option or agreement to buy or lease real property is executed by a quorum of the members of the agency shall be open to the public. An agency may at an executive session give preliminary acceptance to an offer of an option or agreement to buy or lease real property subject to the ratification of the contract at an open meeting.

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions).

§ 1.49. Consultation with professional advisors.

 (a)  Scope. An agency may hold an executive session to consult with its attorney or other professional advisor in connection with litigation or with issues upon which identifiable complaints are expected to be filed. Other professional advisors include, but are not limited to, accountants, actuaries, architects, engineers, health care professionals, investment advisors and scientific experts. Consultations may occur in an executive session whenever complaints or actions affecting the interests of the agency have been filed before a court or an administrative agency or can be expected to be filed in the reasonably foreseeable future.

 (b)  Official action. A meeting at which a quorum of the members of an agency authorize agency counsel to initiate or intervene in an action, defend the agency or otherwise formally participate in legal proceedings shall be open to the public. An agency decision regarding specific instructions to counsel regarding the content of pleadings, motions, memoranda of law or other matters relating to the progress of litigation or administrative proceedings may take place at an executive session.

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions); and 4 Pa. Code §  1.60 (relating to violations).

§ 1.50. Privileged, confidential, investigatory and quasijudicial matters.

 (a)  Privileged matters. An agency may conduct an executive session to review and discuss agency business which, if conducted in public would violate a lawful privilege including, but not limited to, confidential communications with attorneys, executive officers of State government, physicians, clergymen, licensed psychologists, school personnel and sexual assault counselors.

 (b)  Confidential matters. An agency may conduct an executive session to review and discuss agency business which if conducted in public would lead to the disclosure of information or confidentiality protected by statute including, but not limited to, matters relating to:

   (1)  Business or personal finances.

   (2)  A report, return, assessment or determination relating to the payment of taxes.

   (3)  Business trade secrets.

   (4)  The physical and emotional health of individuals.

   (5)  Information which would operate to the prejudice or impairment of a person’s personal reputation or personal security.

   (6)  Information the disclosure of which could result in the loss of Federal funds by the Commonwealth or its political subdivisions.

   (7)  Benefits received by indigent or needy individuals.

   (8)  The review of contractor qualifications, bids or proposals.

   (9)  Criminal history information and investigative files not available for public examination and copying.

   (10)  Other information the confidentiality of which is protected by statute.

 (c)  Investigations. An agency may conduct an executive session to review and discuss matters which, if discussed in public, would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties and impair the progress of the investigation or the initiation of civil or criminal proceedings to enforce the statutes of the Commonwealth.

 (d)  Quasi-judicial deliberations. Unless otherwise provided by statute, an agency conducting a formal adjudication under 2 Pa.C.S. (relating to administrative law and procedure) or similar statutes may, to the extent the adjudicative proceedings are not exempt from the requirements of this subchapter by §  1.59 (relating to exemptions), deliberate within executive sessions except insofar as agency deliberations involve general rules or other orders in the nature of regulations. Deliberations involving general rules or other orders in the nature of regulations may be discussed in an executive session only insofar as the discussions, if conducted in public, would violate a lawful privilege or lead to the disclosure of confidential information as provided by subsections (a), (b) and (c).

 (e)  Open meetings. An agency may conduct at its discretion open meetings to discuss privileged or confidential matters if all parties entitled to assert the privileges or rights to confidentiality expressly authorize, in whole or in part, the matters to be discussed at an open meeting.

 (f)  Official action. A meeting of a quorum of the members of an agency to take official action with regard to matters discussed at executive sessions under this section shall be open to the public unless exempt from the requirements of this chapter by §  1.59.

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions); and 4 Pa. Code §  1.59 (relating to exemptions).

§ 1.51. Academic admission or standing.

 The constituted committees of a board or council of trustees of a State-owned, State-aided or State-related college or university or community college or the Board of Governors to the State System of Higher Education may hold executive sessions to discuss matters of academic admission or standing.

Cross References

   This section cited in 4 Pa. Code §  1.45 (relating to executive sessions).

§ 1.52. Minutes.

 (a)  Content. Written minutes of open meetings shall contain the following information:

   (1)  The date, time and place of the meeting.

   (2)  The names of members present.

   (3)  The substance of official actions and a record by individual members of the roll call votes taken.

   (4)  The names of citizens who appeared officially and the subject of their testimony.

   (5)  Evidence of compliance with the notice requirements of §  1.53 (relating to notice) or §  1.54(b) (relating to emergency meetings).

   (6)  The justification for an emergency meeting as required by §  1.54(a).

   (7)  A record of an executive session