Pennsylvania’s Right to Know Law

I received this question by email:

What is the Right to Know Act and can I use it to request my county’s financial records?

This was my response:

The Pennsylvania Right To Know Law, effective Jan 1, 2009, applies to all agencies within the state–including townships and local agencies. Section 302. The act became effective Jan 1, 2009. Section 3104. Each agency should have an open records officer. Section 502. The information you are requested is a public record, as they are financial records concerning the disbursements of funds by the agency. Section 102. However, a person’s personal credit and debit charge information is not public record. Section 708(b)(6). The PA Office of Open Records is the agency governing an agency’s denial of a right to know request. Section 503 and 1101. An agency has 5 days to respond to your written or verbal request. Section 707 and 901.

What is interesting about your question, is whether the information falls into the act’s exemptions. That is a gray area. The agency bears the burden of proving that your requested information is not a public records. Section 305 and 708. The exemptions are basically grouped into 2 classes. First, records relating to public and national security are exempt. Investigations and Information relating to an agency’s predecision deliberation are exempt. Second, records relating to personal identification data are exempt. For example, personnel performance reviews are exempt. An agency is permitted to redact exempted information from your request. Section 706. But 708(c) specifically states that financial records are not exempted. Section 708(c) permit an agency to redact information from the records that is falls into one of the two classes of exempted information.

Any agency that ingores or denies your “right to know act” request is exposing the county to a lawsuit and civil penalties of $500 per day along with your court cost and attorney fees. Section 1305.  Ask who is the open records officer, and submit a written request to that officer. The written request does not have to explain your purpose for requesting the information. Section 302(b). Only written requests can be appealed to the State’s Office of Open Records. Section 1101. If the county denies your request, it must do so in writing. Section 903. Yes, townships are governed by the statute. Section 102 defines ‘Local Agency” as any municipal agency, authority or similar governmental entity.

Based on the information that you provided in your question, it does not appear that your request involves nonpublic records. It looks like you are entitled to the information you are requesting. You may appeal the agencies lack of response or denial 15 days after you submit your written request to the open records officer. Section 1101.

Here is the link to read the statute. http://www.openrecordspa.org//rtk_assets/09RTKlaw.pdf

Or you can contact your local elected state representative for a hard copy.

I wish you luck.

Sharmil McKee

Attorney

Philadelphia, Pennsylvania