The 30 exceptions set forth in Section 708(b) of RTKL are not an exhaustive list of records that can or must be withheld from disclosure under the RTKL. Instead, Section 102 of the RTKL contains a catch-all, stating that any...more
Under the RTKL, two groups of records are accessible—those records in an agency’s actual or constructive possession reached directly under Section 901 of the RTKL and records that are only in the possession of third parties...more
In Guydish v. Crestwood School District, AP 2019-0643, the requester sought copies of the statements of financial interests filed by the school district’s current school board members pursuant to the Public Official and...more
Open Records Officers will occasionally receive requests for the appointment calendars of certain agency employees and officers. These calendars, whether electronic or paper, typically contain a schedule daily activities and...more
In a previous post, we discussed how the OOR in Stooky v. Unionville-Chadds School District, AP 2019-0484 (April 18, 2019) determined that a Requester could seek records under the RTKL even though she already possessed the...more
In the previous post we discussed how a “common sense” reason for denying a request (e.g., the requested records are subject to a pending RTKL appeal), was rejected by the OOR because that reason was not supported by the...more
Pursuant to Section 705 of the RTKL, when responding to a request, “an agency shall not be required to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which...more
RTKL (Sections 701, 705, 901 1307 of the RTKL) – Responding to a RTKL Request.
One of the most confusing issues an Open Records Officer faces is determining whether they may charge duplication costs when responding to a...more
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
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
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
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
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