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Emails can be “Records” of the Agency under the RTKL – (Section 701) – Types of Records

As previously discussed, records in possession of a local agency are presumed public unless they are exempt under or protected by: 1) the RTKL exceptions set forth in Section 708; 2) other laws; 3) privilege; or 4) judicial...more

Redacting Legal Invoices – The Attorney-Client Privilege and Attorney-Work Product Doctrine (Section 305) – Privileged Records

Earlier posts have discussed whether the requester has submitted a valid request that: 1) uses the proper form; 2) is properly addressed to and has been received by the open records officer; 3) is sufficiently specific; and...more

Agencies Are Not Required to Perform Legal Research or Make Judgments (Section 703) – Insufficiently Specific Requests – Denying...

As previously discussed, Section 703 of the RTKL requires that requests be sufficiently specific so that the agency can ascertain what records are being requested. Typically, when determining whether a request is sufficiently...more

The 5-Business Day Response Period Begins when the Agency’s Open Records Officer Receives the Request (Section 703 of the RTKL)

Previously, we discussed that, to be valid, a RTKL Request must be “generally” addressed to the agency’s open records officer. In addition, we’ve briefly discussed that an agency has five business days from receipt of a...more

Failure to Address the Request to the Open Records Officer (Section 703 of the RTKL) – Invalid Requests

While Section 703 of the Right to Know Law (“RTKL”) authorizes a requester to submit a request in person, by mail, by e-mail or facsimile, the requester must generally address the request to the agency’s open records officer...more

Pennsylvania Office of Open Records Updates RTKL Fee Schedule

Section 1307 of the Right-to-Know Law (“RTKL”) requires that the Office of Open Records (“OOR”) establish a fee schedule for Commonwealth agencies and local agencies that establishes the fees for duplication by photocopying,...more

Pennsylvania Supreme Court Establishes Test For Specificity Under The Right To Know Law

Pennsylvania Department of Education v. Pittsburgh Post-Gazette, 2015 Pa. Commw. LEXIS 316 (Pa. Commw. Ct. July 14, 2015). Pennsylvania Supreme Court reverses the Office of Open records and holds that a request must meet...more

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