Executive Sessions: When Council Can Meet Privately

Last Updated: June 5, 2026

What an Executive Session Is

An executive session is a portion of a meeting that Council may close to the public to discuss a few specific, sensitive subjects. It is not a separate secret meeting and it is not open-ended — it exists only for the limited purposes the law allows, and it always attaches to a public meeting.

The Only Permitted Topics

Both Pennsylvania’s Sunshine Act (65 Pa.C.S. § 708) and Tyrone’s own Charter restrict executive sessions to a short list. Under the Charter, Council may meet privately only to discuss “matters pertaining to elected or appointed officials, individual employees, collective bargaining, matters of land acquisition, and investigation and settlement of suits for claims” (Home Rule Charter, § C-19(A)). In practice, that means:

• Personnel matters — hiring, evaluating, disciplining, or discussing a specific employee or official (to protect that person’s privacy and reputation).
• Labor relations — collective-bargaining strategy and negotiations with employee unions.
• Real estate — the purchase or lease of property, where discussing price in public would hurt the Borough’s negotiating position.
• Legal matters — consulting with the Borough Solicitor about active or potential litigation and the settlement of claims (the same attorney-client privacy any party is entitled to).

The Charter is emphatic that this list is the exception, not the rule: “It is the intent of this Charter that all other matters affecting the public shall be discussed in meetings that are open to the public” (§ C-19(A)).

The Guardrails That Protect You

An executive session is hedged by rules designed to keep it honest:

• It must be announced. Council has to state, at an open meeting, that it is entering executive session and give the reason — either before the session or at the next public meeting.
• No votes. No decisions. This is the most important rule: Council may not take any official action in an executive session. Members may discuss a sensitive matter privately, but the actual vote — to hire, to settle, to buy, to spend — must be taken later in the open meeting where you can see it.
• It’s limited to the stated topics. An executive session called to discuss a personnel matter cannot quietly drift into setting policy or the budget.

Bottom line: an executive session is where a sensitive conversation can happen privately — but every decision still has to be made in public.

Why It Exists

These protections aren’t about hiding decisions from residents; they’re about handling a few matters responsibly. Discussing a specific employee’s performance in open session could unfairly damage a person’s reputation. Announcing a top price for a property before negotiating would cost taxpayers money. Debating legal strategy in public would hand it to the opposing party. The executive session lets Council handle these narrow situations prudently — while still making the final call in the open.

What You Should Still Expect to See

Even when an executive session is used, you should see (a) the announcement that one was held and why, and (b) the public vote on any resulting action. If a board appears to be making decisions behind closed doors, that is exactly what the Sunshine Act forbids — and residents can challenge it. (See The Pennsylvania Sunshine Act for your enforcement rights.)

Questions About a Meeting?

In the Charter & Code: Home Rule Charter, § C-19 (Public meetings). State law: PA Sunshine Act, 65 Pa.C.S. § 708 (executive sessions). Related: The Sunshine Act. Full code: ecode360.com/TY1357.