CITIZENS GUIDE

The Mission of the Office of Open Records is to implement and enforce the states Right-
to-Know Law and serve as a source for citizens, agencies, public officials and members of the
media in obtaining public records of their government. As part of that mission, the Office of
Open Records has developed a Citizens Guide that will provide a basic overview of the
Right-to-Know Law.

Agencies are to ensure that citizens are provided access to records to which they are
entitled. Equally important, Requesters are to use good judgment in seeking records from the
public body and not use this law to harass or overburden a public body from performing its other
functions. The Office of Open Records encourages patience and a spirit of cooperation among all
parties.

If you have any questions or need more information please contact the Office of Open
Records at (717) 346-9903 or [email protected].

PRESUMPTION OF OPENNESS

Under the Right-To-Know Law, all records are presumed to be public records unless
disclosure is barred by: (1) state or federal law or regulation; (2) judicial order; (3), privilege,
e.g., attorney-client or doctor-patient; or (4) one of the exceptions in Section 708 of the Right-
to-Know Law.

The burden is now on the government agency to establish why the record is not
available.

AGENCIES SUBJECT TO THE RIGHT-TO-KNOW LAW

Commonwealth Agencies: Any office, department, authority or other parts of the executive
branch, state-affiliated entities, independent agencies, and includes the Governor, Attorney
General, Auditor General and the Treasury Department.
Local Agencies: Any political subdivision, intermediate unit, or charter, public trade or
vocational school [or] any local, intergovernmental, regional or municipal agency, authority,
council, board commission or similar governmental entity.

Legislative Agencies: The Senate, House of Representatives and many committees and
commissions like the Capitol Preservation Committee, the IRRC, Center for Rural Pennsylvania,
the Legislative Reapportionment Commission, and Legislative Audit Advisory Commission to
name a few. For a complete list of Legislative Agencies, see Section 102. See Section 303 of the
RTKL for additional information.

Judicial Agencies: Any entity or office of the unified judicial system, including Magisterial
District Judges. See Section 304 of the RTKL for additional information.

RECORDS COVERED BY THE RIGHT-TO-KNOW LAW

Make sure when you file a RTK request, you are seeking records and not just asking
questions. The law governs the release of records, not answering questions.

A record is defined as any information regardless of its physical form or character that
documents a transaction or activity of an agency AND is created, received, or retained pursuant
to law OR in connection with a transaction, business or activity of an agency (emphasis added).

Records can take many forms, including papers, letters, maps, books, tapes, photographs,
film or sound recordings, information stored or maintained electronically, and data-processed or
image-processed documents. Note that e-mails can also be a form of public records, subject to
any exceptions.

EXCEPTIONS: Certain Information Protected From Disclosure

All agency records are subject to the Right-to-Know Law. However, not all records are
public records. The law contains 30 exceptions, cited in Section 708, that permit an Agency to
withhold records. An Agency may deny release of a record if it falls within one of the 30
exceptions designed to protect information that is confidential or may jeopardize safety or
investigations. Types of records that can be withheld include records related to personal or public
security, DNA/RNA records, autopsy records, Social Security numbers, personal financial
information, personal email addresses, marital status, identity of a covert law enforcement
officer, home address of judges or law enforcement, confidential source records, and victim
information. Other laws also make certain records non-public.

HOW TO FILE A REQUEST

A requester can file a Right-to-Know request in four ways:

 1. Fax
2. Electronic mail
3. In person
4. U.S. Mail

When submitting a request to the Agency, always retain a copy for your file. A copy of
this RTK request would be necessary if you should need to file an appeal to our Office upon
denial. If you do not have a copy of the actual request, your appeal will be dismissed as
insufficient.

The first thing a requester should do to file a RTK request is check with the local or
Commonwealth Agency to determine the Open Records Officer (each agency is required by law
to have one) and whether the agency requires use of its own Right-to-Know request form. You
can always use the Uniform Request Form available on our website to file a request. Address
your request to the Open Records Officer. Some agencies use the term Right-to-Know Officer.

Make sure your request for records is specific and concise. Identify as specifically as you
can the records you want, so that an agency can quickly locate them and determine whether they
are public record.

WHAT TO EXPECT FROM THE AGENCY

An Agency has five business days to respond in writing to: (1) grant the request; (2)
deny the request, citing the legal basis for the denial or partial denial; or (3) invoke a 30-calendar
day extension for certain reasons.

The clock starts the day after the RTK request is received during regular business hours.
In other words, an agency has five business days to respond to a request, whether you place the
request in person or by mail.

Acceptable grounds for a 30-calendar day extension include: off-site location of records,
staffing limitations, need for legal review or redaction, complex request, or the requester did not
pay applicable fees as required or failed to follow agency policy.

If an agency does not respond to a request in the allotted time, the request is deemed
denied, and you have the right to file an appeal with the Office of Open Records.

HOW TO FILE AN APPEAL

If an Agency denies a record, or a portion of a record, the requester has a right to file an
appeal with the Office of Open Records.

The appeal must be submitted to the Office of Open Records within 15 business days of
the mailing date of the Agencys response. Appeals should be sent to the Office of Open
Records, Commonwealth Keystone Building, 400 North St., 4th Floor, Harrisburg, PA 17120-
0225. They may also be submitted via facsimile to 717-425-5343 or via email to
[email protected] as a Microsoft Word or PDF attachment.

All appeals must be in writing and shall include the following information that may be
submitted using the Appeals Form found on http://openrecords.pa.gov:

A copy of the original Right-to-Know Request.

A copy of the denial letter submitted by the Agency.
o If the agency does not respond in writing within five business days, the
request is deemed denied (automatically denied) and can be appealed.
State the grounds you believe the record is a public record you must state why
you believe the requested record is a public record a general statement that the
record is public under the Right-to-Know Law is insufficient.
Address all grounds that the Agency raised in its denial you must state why you
believe each of the agencys denial, arguments, and exemptions are incorrect a
general statement that the agency is incorrect is insufficient.

The Office of Open Records is required to dismiss any appeal that does not include this
information.

Appeals which are filed by hard copy (i.e., by mail) MUST be submitted on 8 x 11
or 8 x 14 inch paper. Failure to submit hard copy appeals on 8 x 11 or 8 x 14 inch
paper will result in the appeal being DISMISSED, unless the party filing the document
specifically seeks and is granted permission to file non-conforming papers. Any other
documents filed in an appeal should be filed on 8 x 11 or 8 x 14 inch paper to the
extent possible.

When the Office of Open Records receives the appeal, it has 30 days from the date of
receipt of the appeal to issue a Final Determination.

The Office of Open Records may conduct a hearing (which is a non-appealable decision)
or an in camera review. It may decide the case on the basis of the information filed with the
Office. It may seek additional information from the involved parties. In most cases, the Office of
Open Records will issue a Final Determination based on information and evidence provided to
our Office without conducting a hearing.

When the Office of Open Records issues a Final Determination it is binding on the
Agency and requester. If the Agency or the requester wants to appeal the ruling of the Office of
Open Records, the appeal must be filed with the appropriate court within 30 calendar days of the
mailing of the Final Determination by the Office.

If the parties appeal a Final Determination to Commonwealth Court or a Court of

Common Pleas, the Right-to-Know Law requires that the Office of Open Records be served
notice of the appeal.
 FEES

The fee for a standard 8 1/2 x 11 black and white document is up to 25 cents per page.
Postage fees may not exceed the actual cost of mailing.
If an Agency offers enhanced electronic access it can establish user fees that must be
approved by the Office of Open Records.
An Agency cannot charge for the time it takes to redact a document or the legal review
needed to determine if a document is a public record.
An Agency may require pre-payment if the fees are expected to exceed $100.
An Agency may withhold public records if you have not paid for previous requested
records.

PENALITIES

The law provides a civil penalty of up to $1,500 if an Agency denies access to a public
record in bad faith and up to $500 per day when an Agency does not promptly comply with a
court order to release records under the act.

ATTORNEYS FEES

If a court holds that records were denied based on an unreasonable interpretation of law,
or in bad faith, an Agency can be required to pay attorneys fees. In addition, if an appeal is
deemed frivolous by the court, the requester or agency can be required to pay attorneys fees.