Right-to-Know Law and Public Records

The Right-to-Know Law (RTKL) is Pennsylvania's public-records statute. Under a 2008 revision, records held by a government agency are presumed to be public unless a specific exemption applies, reversing the burden from the requester to the agency. The law covers city departments, boards and authorities in Philadelphia as local agencies. For step-by-step instructions, see How to Request Public Records. This article is general information, not legal advice.^[1]

1 What is a public record

A public record is a record of an agency that documents a transaction or activity, is created, received or retained under law or in connection with agency business, and is not exempt under the RTKL, other state or federal law, or a court order. Records can include emails, contracts, reports, spreadsheets and meeting minutes. Agencies are not required to create new records or to answer questions, only to provide existing records.

2 Making a request

A request must be in writing and must identify or describe the records with enough specificity for the agency to locate them. A requester does not have to explain why the records are wanted. Each agency designates an open-records officer. The agency must respond within five business days, either granting the request, denying it, or sending a notice that it needs more time; the extension, up to 30 additional days, is allowed for reasons the law lists, such as voluminous records or legal review. A request not answered in time is treated as denied. Agencies may charge fees for duplication and certain other costs. Philadelphia's departments accept requests through the city's online request system, and the Law Department advises agencies on responses; see also Department of Records.

3 Exemptions

The RTKL lists categories that are not public, including certain personal identification information, records relating to a noncriminal investigation, internal predecisional deliberations, attorney-client privileged material, some public-safety records and certain procurement material before an award. Agencies bear the burden of proving an exemption applies by a preponderance of the evidence. Court records are governed by separate rules. Records of criminal investigations are largely exempt, which matters for police and prosecutor files; see Philadelphia Police Department.

4 Appeals

A requester whose request is denied, or deemed denied, may appeal to the Pennsylvania Office of Open Records within 15 business days. For local agencies such as Philadelphia's, the Office of Open Records appoints an appeals officer who issues a final determination, generally within 30 days; either side may then seek review in the Philadelphia Court of Common Pleas. The Office also provides training and a hotline for requesters and agencies.^[2]

5 Related transparency tools

Many Philadelphia records are proactively published on the city's open data portal; see Open Data and Transparency Tools. Meetings are governed by the separate Sunshine Act. Journalists and watchdog groups use the RTKL to examine contracts, spending and disciplinary records; see Local News Media in Philadelphia and Good Government Groups.

See also: How to Request Public Records, City Controller, Conflicts of Interest and Pay-to-Play.

References

1. Pennsylvania Right-to-Know Law, Act 3 of 2008 (65 P.S. 67.101 et seq.).
2. Pennsylvania Office of Open Records (openrecords.pa.gov), requester and agency guidance; PA agency Right-to-Know policy pages.
3. City of Philadelphia, Right-to-Know request information (phila.gov).