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ACT 1997-37

43 P.S. § 1461 (2007)

§ 1461. Legislative findings

(a) ACKNOWLEDGMENT -- The General Assembly acknowledges the lack of coordination of services for the handicapped in this Commonwealth and supports the concept of a State Commission for the Handicapped to coordinate service delivery and to increase access to services for all handicapped citizens. The development of such a concept currently is under legislative study.

(b) IMMEDIATE NEED -- Notwithstanding the support of a State Commission for the Handicapped, the General Assembly finds an immediate need to create an Office for the Deaf and Hard of Hearing to address the specific needs of this population because:

(c) INTENT -- It is the intent of the General Assembly that the Advisory Council for the Deaf and Hard of Hearing and the Office for the Deaf and Hard of Hearing established pursuant hereto become integral units of the State Commission for the Handicapped when such commission is established by the General Assembly.

§ 1462. Office established

(a) OFFICE -- There is established within the Department of Labor and Industry an Office for the Deaf and Hard of Hearing.

(b) DIRECTOR -- The Secretary of Labor and Industry, on recommendation of the Advisory Council for the Deaf and Hard of Hearing, shall appoint a qualified individual as the Director of the Office for the Deaf and Hard of Hearing. The director shall, in turn, appoint such other staff, with the approval of the Secretary of Labor and Industry, as necessary to carry out the functions of the office.

§ 1463. Powers and duties of the office

The Office for the Deaf and Hard of Hearing, with the advice of the Advisory Council for the Deaf and Hard of Hearing, and as directed by the Secretary of Labor and Industry, shall:

§ 1464. Establishment of regional service centers

(a) PLAN FOR REGIONAL SERVICES -- Within two years of the effective date of this act, the Director of the Office for the Deaf and Hard of Hearing shall, based on recommendations by the Advisory Council for the Deaf and Hard of Hearing, develop a plan for implementing regional services for the hard of hearing in accordance with the guidelines expressed in this section.

(b) PURPOSE OF REGIONAL OFFICES -- The purpose of the regional offices for the hard of hearing shall be to:

§ 1465. Advisory Council for the Deaf and Hard of Hearing

(a) COUNCIL -- The Advisory Council for the Deaf and Hard of Hearing is created within the Department of Labor and Industry and shall consist of 17 members as follows: the Secretary of Public Welfare, the Secretary of Health, the Secretary of Education, the Secretary of Labor and Industry, the Secretary of Aging, or their designees; the Governor, or his designee; one member of the House of Representatives to be appointed by the Speaker of the House; one member of the Senate to be appointed by the President pro tempore; and nine members of the public to be appointed by the Governor.

(b) MEMBERS -- The nine appointed public members shall be individuals selected from schools, organizations and non-State agencies which render services to or represent persons who are hard of hearing. At least four of the public members shall be deaf or hard of hearing. Initially, the Governor shall designate two of the public members to serve one-year terms, two to serve two-year terms, two to serve three-years terms and two to serve four-year terms. Thereafter, all appointed members shall serve for four years. The council members from State offices shall serve during their tenure in office and shall remain on the council until such time as a replacement is named and qualified. The legislative members of the council shall serve two-year terms commencing with the first Tuesday in January of odd-numbered years and may be reappointed upon reelection to office.

(c) VACANCIES -- Vacancies occurring other than by expiration of a term of office shall be filled by the appropriate appointing authority for the unexpired term of office.

(d) COMPENSATION -- Members of the council shall serve without compensation but shall be entitled to receive necessary traveling and other expenses actually incurred in the performance of their duties. The council shall meet at the call of the chairman but not less than four times a year.

(e) ELECTION OF OFFICERS -- The council shall biennially elect, from its own members, a chairman and such other officers it deems necessary. It shall make rules for its own government not inconsistent with those of the Department of Labor and Industry or other departments of the Commonwealth.

§ 1466. Powers and duties of Advisory Council for the Deaf and Hard of Hearing

The Advisory Council for the Deaf and Hard of Hearing shall have the following powers and duties:

§ 1467. Deleted. 1997, June 25, P.L. 334, No. 37, § 4, effective in 60 days

Adopted March 11, 2011

ARTICLE I - NAME

Act 1997-37 establishes the name of this council as the “Advisory Council for the Deaf & Hard of Hearing” (hereinafter referred to as the Council).

ARTICLE II - PURPOSE OF COUNCIL

SECTION 1. MISSION STATEMENT

The mission of the Advisory Council for the Deaf and Hard of Hearing is to make recommendations and advocate to improve public and private services and obtain equal access for deaf and hard of hearing individuals in the Commonwealth of Pennsylvania.

SECTION 2. VISION STATEMENT

The Advisory Council for the Deaf and Hard of Hearing will set a standard of excellence in all we do and foster a climate of continuous improvement so we can accomplish the most for deaf and hard of hearing people in Pennsylvania. We will focus on our role as a goal-driven organization, working in parallel with public and private entities and our state legislature to ensure that the highest quality service is provided to deaf and hard of hearing people.

ARTICLE III - LEGAL BASE AND POWERS AND DUTIES OF COUNCIL

SECTION 1. LEGAL BASE - ACT 1997-37

SECTION 2. POWERS AND DUTIES OF COUNCIL

Council shall have the following powers and duties as defined in Section 6 of Act 1997-37:

1. “Make recommendations in accordance with such policy and practice to the several executive and administrative departments, boards and commissions of the Commonwealth and to any public or private agencies therein which may be in any way concerned with work with or for the Deaf or Hard of Hearing.”
   
   
2. “Advocate services affecting hard of hearing individuals in the areas of public services, job training and placement, health care and educational opportunity.”
   
   
3. “Act as a bureau of information to for the deaf and hard of hearing to State agencies and public institutions providing services to the Deaf and Hard of Hearing and to local agencies and programs.”

ARTICLE IV - MEMBERSHIP OF COUNCIL

SECTION 1. COMPOSITION

Section 5 of Act 1997-37 provides that the Council shall consist of the following 17 members.

SECTION 2.

1. Governor and Department Secretaries or their designees serve during their terms in office and shall remain on the Council until such time as a replacement is named and qualified. Legislative members serve two (2) years and may be re-appointed.
   
   
2. Public members will serve four (4) year terms. Public members whose terms are expiring may be asked to serve until another public member can be appointed by the Governor.

SECTION 3. VACANCIES

Vacancies occurring other than by expiration of a term of office shall be filled by the appropriate appointing authority for the unexpired term of office.

SECTION 4. AUTHORITY OF INDIVIDUAL MEMBERS

No member of the Council shall at any time act or proport to act on behalf of or in the name of the Council without prior authority from the Council.

SECTION 5. COMPENSATION AND EXPENSES

“Members of the Council shall serve without compensation but shall be entitled to receive necessary traveling and other expenses actually incurred in the performance of their duties.”

ARTICLE V – ORGANIZATION

SECTION 1. OFFICERS OF COUNCIL

The Officers of the Council shall be a Chairperson, Vice-Chairperson and Secretary.

SECTION 2. SELECTION OF OFFICERS

1. Council shall biennially elect, from its own members, a Chairperson, Vice-Chairperson and Secretary.
   
   
2. Elections shall be held in even numbered years at the last scheduled meeting of the fiscal year. (The fiscal year runs from July 1st to June 30th.) Elected officers shall take office immediately.
   
   
3. In the absence of the Chairperson or Vice-Chairperson, the secretary shall preside at Council meetings until a Chairperson pro tem is elected and shall perform such other duties as may be imposed by action of the Council or as set forth in other sections of these By-Laws.

SECTION 3. COMMITTEES

1. The standing committee of the Council shall be the Membership Committee. Program Committee deleted.
   
   
2. Special committees or work groups shall he appointed by the Chairperson whenever they are deemed necessary by Council. A special committee shall be restricted to its assigned task. It shall report its recommendations to Council, and shall dissolve when its report is complete.
   
   
3. Each committee shall elect a chairperson from among its members unless the Council Chairperson specifically appoints a committee chairperson.
   
   
4. The Council Chairperson shall be an ex-officio member of all committees unless he or she indicates otherwise.

SECTION 4. FUNCTIONS OF STANDING COMMITTEE

The Membership Committee shall consist of a Chairperson and such other members of Council as designated to serve by the Chairperson of Council. The major functions and responsibilities of the Membership Committee are:

1. To review applications and recommendations for membership from those applying to be public members.
   
   
2. To recommend possible public-member appointments to Council as a whole for approval.
   
   
3. To forward the name(s) of approved public-member candidate(s) to the Secretary of Labor and Industry and the Governor.

ARTICLE VI - MEETINGS OF COUNCIL

SECTION 1. REGULAR MEETINGS OF COUNCIL

1. Council shall meet at the call of the Chairperson, but not less than four (4) times per year.
   
   
2. The time and place of any regular meeting may be changed if notification is given at least fourteen (14) days prior to the meeting.

SECTION 2. SPECIAL MEETINGS

1. Special meetings may be called by the Chairperson, upon the written request of any five (5) members of Council, or by the Director of ODHH with the approval of the Chairperson.
   
   
2. Notice to all Council members stating the time, place and purpose of the special meeting shall be mailed as early as possible, but in no case less than seven (7) days prior to the meeting. Notice can also be delivered by hand or verbally at least two (2) days prior to the meeting.

SECTION 3. ATTENDANCE

1. Council members or their designees are expected to attend all regular Council meetings. Consistent attendance will enable Council to fulfill its mission in a timely and efficient manner.
   1. After two (2) consecutive unexcused absences, a letter will be sent from Council reminding the member of his/her responsibilities as a member of the Council.
      
      
   2. Following the letter, if one (1) additional unexcused absence occurs, a second letter will be sent from Council encouraging the member to participate in future Council meetings or consider resigning from the Council.

SECTION 4. ODHH DIRECTOR

1. The ODHH Director shall attend all Council meetings.
   
   
2. The ODHH Director shall develop policies and procedures for the Office of the Deaf and Hard of Hearing in accordance with the recommendations of Council, and with the approval of the Secretary of Labor and Industry.

SECTION 5. AGENDAS

1. The agenda for all meetings of Council shall be prepared by the ACDHH Chairperson, in consultation with members of the ACDHH.
   
   
2. Copies of the agenda shall be available at each meeting for members of the public.

SECTION 6. MEETINGS OPEN TO THE PUBLIC

All regular and special meetings of Council shall be open to the public. Council may meet in executive session to consider matters as permitted by the Sunshine Act.

Public participation and comments are welcome and may be encouraged through a public time at the end of a formal meeting. Persons wishing to formally address Council will be asked to forward to the Chairperson an overview of the topic they will present by the deadline given for submitting proposed agenda items.

SECTION 7. QUORUM

A simple majority of Council members shall constitute a quorum for the transaction of business. If all 17 positions are filled, a quorum shall consist of 9 or more members.

SECTION 8. VOTING

All actions taken by Council shall require a majority vote of Council members present.

SECTION 9. RECORDING OF MEETINGS

Typed minutes of each meeting as approved by Council shall be signed by the Secretary. The ODHH Director shall be responsible for the safekeeping of the minutes and other correspondence of Council.

SECTION 10. ADJOURNING MEETINGS

Before a Council meeting is adjourned, the time, date and place of the continuation of the meeting or next meeting shall be determined and announced.

SECTION 11. PARLIAMENTARY PROCEDURE

Robert’s Rules of Order shall prevail except as otherwise provided herein.

ARTICLE VII - AMENDMENT

These Bylaws, except those quoted from the enabling statute, may be amended at any meeting by a majority vote provided that the proposed amendment has been mailed to the membership in writing via mail or email at least thirty (30) days prior to being voted upon. An amendment shall become effective immediately upon its adoption.

The thirty (30) day notice provision for amending the Bylaws may be dispensed with by waiver in writing signed in agreement by ten (10) members or two-thirds (2/3) of the filled positions on Council.

TITLE 65. PUBLIC OFFICERS
PART II. ACCOUNTABILITY
CHAPTER 7. OPEN MEETINGS

§ 701. Short title of chapter

This chapter shall be known and may be cited as the Sunshine Act.

§ 702. Legislative findings and declaration

(A) FINDINGS -- The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision making of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society.

(B) DECLARATIONS -- The General Assembly hereby declares it to be the public policy of this Commonwealth to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon as provided in this chapter.

§ 703. Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Administrative action." The execution of policies relating to persons or things as previously authorized or required by official action of the agency adopted at an open meeting of the agency. The term does not, however, include the deliberation of agency business.

"Agency." The body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business, of all the following: the General Assembly, the executive branch of the government of this Commonwealth, including the Governor's Cabinet when meeting on official policymaking business, any board, council, authority or commission of the Commonwealth or of any political subdivision of the Commonwealth or any State, municipal, township or school authority, school board, school governing body, commission, the boards of trustees of all State-aided colleges and universities, the councils of trustees of all State-owned colleges and universities, the boards of trustees of all State-related universities and all community colleges or similar organizations created by or pursuant to a statute which declares in substance that the organization performs or has for its purpose the performance of an essential governmental function and through the joint action of its members exercises governmental authority and takes official action. The term does not include a caucus or a meeting of an ethics committee created under rules of the Senate or House of Representatives.

"Agency business." The framing, preparation, making or enactment of laws, policy or regulations, the creation of liability by contract or otherwise or the adjudication of rights, duties and responsibilities, but not including administrative action.

"Caucus." A gathering of members of a political party or coalition which is held for purposes of planning political strategy and holding discussions designed to prepare the members for taking official action in the General Assembly.

"Conference." Any training program or seminar, or any session arranged by State or Federal agencies for local agencies, organized and conducted for the sole purpose of providing information to agency members on matters directly related to their official responsibilities.

"Deliberation." The discussion of agency business held for the purpose of making a decision.

"Emergency meeting." A meeting called for the purpose of dealing with a real or potential emergency involving a clear and present danger to life or property.

"Executive session." A meeting from which the public is excluded, although the agency may admit those persons necessary to carry out the purpose of the meeting.

"Litigation." Any pending, proposed or current action or matter subject to appeal before a court of law or administrative adjudicative body, the decision of which may be appealed to a court of law.

"Meeting." Any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action.

"Official action."

"Political subdivision." Any county, city, borough, incorporated town, township, school district, intermediate unit, vocational school district or county institution district.

"Public notice."

"Special meeting." A meeting scheduled by an agency after the agency's regular schedule of meetings has been established.

§ 704. Open meetings

Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public unless closed under section 707 (relating to exceptions to open meetings), 708 (relating to executive sessions) or 712 (relating to General Assembly meetings covered).

§ 705. Recording of votes

In all meetings of agencies, the vote of each member who actually votes on any resolution, rule, order, regulation, ordinance or the setting of official policy must be publicly cast and, in the case of roll call votes, recorded.

§ 706. Minutes of meetings, public records and recording of meetings

Written minutes shall be kept of all open meetings of agencies. The minutes shall include:

§ 707. Exceptions to open meetings

(A) EXECUTIVE SESSION -- An agency may hold an executive session under section 708 (relating to executive sessions).

(B) CONFERENCE -- An agency is authorized to participate in a conference which need not be open to the public. Deliberation of agency business may not occur at a conference.

(C) CERTAIN WORKING SESSIONS -- Boards of auditors may conduct working sessions not open to the public for the purpose of examining, analyzing, discussing and deliberating the various accounts and records with respect to which such boards are responsible, so long as official action of a board with respect to such records and accounts is taken at a meeting open to the public and subject to the provisions of this chapter.

§ 708. Executive sessions

(A) PURPOSE -- An agency may hold an executive session for one or more of the following reasons:

(B) PROCEDURE -- The executive session may be held during an open meeting or at the conclusion of an open meeting or may be announced for a future time. 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.

(C) LIMITATION -- Official action on discussions held pursuant to subsection (a) shall be taken at an open meeting. Nothing in this section or section 707 (relating to exceptions to open meetings) shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of section 704 (relating to open meetings).

§ 709. Public notice

(A) MEETINGS -- An agency shall give public notice of its first regular meeting of each calendar or fiscal year not less than three days in advance of the meeting and shall give public notice of the schedule of its remaining regular meetings. An agency shall give public notice of each special meeting or each rescheduled regular or special meeting at least 24 hours in advance of the time of the convening of the meeting specified in the notice. Public notice is not required in the case of an emergency meeting or a conference. Professional licensing boards within the Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth shall include in the public notice each matter involving a proposal to revoke, suspend or restrict a license.

(B) NOTICE -- With respect to any provision of this chapter that requires public notice to be given by a certain date, the agency, to satisfy its legal obligation, must give the notice in time to allow it to be published or circulated within the political subdivision where the principal office of the agency is located or the meeting will occur before the date of the specified meeting.

(C) COPIES -- In addition to the public notice required by this section, the agency holding a meeting shall supply, upon request, copies of the public notice thereof to any newspaper of general circulation in the political subdivision in which the meeting will be held, to any radio or television station which regularly broadcasts into the political subdivision and to any interested parties if the newspaper, station or party provides the agency with a stamped, self-addressed envelope prior to the meeting.

(D) MEETINGS OF GENERAL ASSEMBLY IN CAPITOL COMPLEX -- Notwithstanding any provision of this section to the contrary, in case of sessions of the General Assembly, all meetings of legislative committees held within the Capitol Complex where bills are considered, including conference committees, all legislative hearings held within the Capitol Complex where testimony is taken and all meetings of legislative commissions held within the Capitol Complex, the requirement for public notice thereof shall be complied with if, not later than the preceding day:

(E) ANNOUNCEMENT -- Notwithstanding any provision of this chapter to the contrary, committees may be called into session in accordance with the provisions of the Rules of the Senate or the House of Representatives and an announcement by the presiding officer of the Senate or the House of Representatives. The announcement shall be made in open session of the Senate or the House of Representatives.

§ 710. Rules and regulations for conduct of meetings

Nothing in this chapter shall prohibit the agency from adopting by official action the rules and regulations necessary for the conduct of its meetings and the maintenance of order. The rules and regulations shall not be made to violate the intent of this chapter.

§ 710.1. Public participation

(A) GENERAL RULE -- Except as provided in subsection (d), the board or council of a political subdivision or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting. If the board or council determines that there is not sufficient time at a meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment, the board or council may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting.

(B) LIMITATION ON JUDICIAL RELIEF -- If a board or council of a political subdivision or an authority created by a political subdivision has complied with the provisions of subsection (a), the judicial relief under section 713 (relating to business transacted at unauthorized meeting void) shall not be available on a specific action solely on the basis of lack of comment on that action.

(C) OBJECTION -- Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision.

(D) EXCEPTION -- The board or council of a political subdivision or of an authority created by a political subdivision which had, before January 1, 1993, established a practice or policy of holding special meetings solely for the purpose of public comment in advance of advertised regular meetings shall be exempt from the provisions of subsection (a).

§ 711. Use of equipment during meetings

(A) RECORDING DEVICES -- Except as provided in subsection (b), a person attending a meeting of an agency shall have the right to use recording devices to record all the proceedings. Nothing in this section shall prohibit the agency from adopting and enforcing reasonable rules for their use under section 710 (relating to rules and regulations for conduct of meetings).

(B) RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES -- The Senate and House of Representatives may adopt rules governing the recording or broadcast of their sessions and meetings and hearings of committees.

§ 712. General Assembly meetings covered

Notwithstanding any other provision, for the purpose of this chapter, meetings of the General Assembly which are covered are as follows: all meetings of committees where bills are considered, all hearings where testimony is taken and all sessions of the Senate and the House of Representatives. Not included in the intent of this chapter are caucuses or meetings of any ethics committee created pursuant to the Rules of the Senate or the House of Representatives.

§ 713. Business transacted at unauthorized meeting void

A legal challenge under this chapter shall be filed within 30 days from the date of a meeting which is open, or within 30 days from the discovery of any action that occurred at a meeting which was not open at which this chapter was violated, provided that, in the case of a meeting which was not open, no legal challenge may be commenced more than one year from the date of said meeting. The court may enjoin any challenged action until a judicial determination of the legality of the meeting at which the action was adopted is reached. Should the court determine that the meeting did not meet the requirements of this chapter, it may in its discretion find that any or all official action taken at the meeting shall be invalid. Should the court determine that the meeting met the requirements of this chapter, all official action taken at the meeting shall be fully effective.

§ 714. Penalty

Any member of any agency who participates in a meeting with the intent and purpose by that member of violating this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $100 plus costs of prosecution.

§ 714.1. Attorney fees

If the court determines that an agency willfully or with wanton disregard violated a provision of this chapter, in whole or in part, the court shall award the prevailing party reasonable attorney fees and costs of litigation or an appropriate portion of the fees and costs. If the court finds that the legal challenge was of a frivolous nature or was brought with no substantial justification, the court shall award the prevailing party reasonable attorney fees and costs of litigation or an appropriate portion of the fees and costs.

§ 715. Jurisdiction and venue of judicial proceedings

The Commonwealth Court shall have original jurisdiction of actions involving State agencies and the courts of common pleas shall have original jurisdiction of actions involving other agencies to render declaratory judgments or to enforce this chapter by injunction or other remedy deemed appropriate by the court. The action may be brought by any person where the agency whose act is complained of is located or where the act complained of occurred.

§ 716. Confidentiality

All acts and parts of acts are repealed insofar as they are inconsistent with this chapter, excepting those statutes which specifically provide for the confidentiality of information. Those deliberations or official actions which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including matter related to the investigation of possible or certain violations of the law and quasi-judicial deliberations, shall not fall within the scope of this chapter.