ARCHIVE: From the PNA Legal Hotline

Open Records

• August 21, 2008
  I am trying to get police blotters and press releases from several months ago from my local police department. The officer in charge of records refuses to provide copies because it is their policy to keep blotters and press releases on public display in the office for one week and after that, they are filed and become non-public. The police say this policy is necessary and legal because they do not have the time or the resources to locate old blotters and press releases. Can they do that?
• July 31, 2008
  Is the police chief's contract a public record? Can a municipality discuss the police chief in executive session?
• July 24, 2008
  Are fire departments considered “agencies” for purposes of the Sunshine Act and Right to Know Law?
• June 19, 2008
  A township has created a Right to Know request form that must be submitted with all Right to Know requests. A provision in the form requires a requestor to agree to “pay all reasonable legal fees, including attorneys’ fees, of the Township if exceptions are denied or an appeal is denied by the court”. Is this allowed?
• November 29, 2007
  Does HIPAA or FERPA prevent a school district from releasing the number of students affected by a staph outbreak? The school district has refused to provide the information citing HIPAA and FERPA.
• October 4, 2007
  From the Legal Hotline: A borough administrator will be retiring early due to illness. I’ve requested a copy of the severance package approved by borough council but the borough manager has refused to release it citing privacy concerns. Isn’t the severance package a public record?
• September 6, 2007
  The school board secretary makes a tape recording of all school board meetings and uses the recording to draft meeting minutes. Occasionally, it takes the school board months to complete and adopt meeting minutes based on this recording and they refuse to release the tape recording or draft minutes. Is the tape recording a public record? How long can the school board take to adopt official minutes? Can I get a copy of the draft minutes?
• July 26, 2007
  Does Pennsylvania law require school superintendent finalist names to be public?
• June 21, 2007
  I recently requested copies of legal bills that a township solicitor submitted to the township. The township denied my request, claiming that solicitors’ bills are not public records and that they are protected by the attorney client privilege? Is he correct?
• June 14, 2007
  Are the names and addresses of jurors impaneled in a criminal trial public? Isn’t the jury array already a public record?
• May 3, 2007
  What voter information is public?
• April 26, 2007
  What records are public under Pennsylvania law?
• April 19, 2007
  Is the Department of Corrections' Sentence Computation Procedures Manual a public record?
• March 29, 2007
  Are agency policies and procedures public?
• February 22, 2007
  Can I get information about crimes committed on college campuses?
• January 11, 2007
  Why can’t I get information from the Department of Revenue about taxes paid by businesses?
• December 14, 2006
  Are settlement agreements between a public agency and a private third party public records?
• November 30, 2006
  Our municipality has been talking about disposing of some of its records. Are there rules relating to record retention and disposal by municipalities?
• November 9, 2006
  Are autopsy reports public records or not?
• October 5, 2006
  Are search warrants public records?
• September 28, 2006
  When can a reporter or a member of the public access juvenile law enforcement records?
• September 7, 2006
  Are records reflecting bonuses paid by school districts to employees public records?
• May 25, 2006
  Can Magisterial District Judges hear Right to Know cases?
• April 13, 2006
  What is the difference between the Freedom of Information Act ("FOIA") and the Right to Know Law?
• March 31, 2006
  I recently requested some financial information, including a listing of payments made to third parties, from my municipality. They agreed to provide it to me, but then withheld certain items because they are looking into some alleged financial improprieties. Can they do that?
• March 3, 2006
  Are solicitor’s bills public records?
• February 3, 2006
  Last year, the Administrative Office of Pennsylvania Courts issued a proposed policy for electronic access to court records. What is happening with the proposed policy?
• July 15, 2005
  Can a public agency charge a $20 hourly fee for the time that it takes to respond to my open records request?
• June 17, 2005
  Is a document that lists the names, addresses, and positions of public employees a public record?
• June 3, 2005
  If I want records from an agency, do I have to make a request under the Right to Know Law, or can I request records informally?
• May 20, 2005
  How much can an agency charge for copies of public records?
• April 22, 2005
  Is school-related statistical information relating to school violence and drug use a matter of public record?
• March 4, 2005
  I made a records request to the township over 2 weeks ago, but haven’t heard any response. What should I do?
• January 14, 2005
  The Pennsylvania State Police are refusing to release the identities of any juveniles who are involved in or witnesses to car accidents. Can they do that?
• November 12, 2004
  Are documents that reflect pensions paid to former public employees public records?
• September 24, 2004
  My local District Justice refuses access to criminal complaints that have been filed. He also refuses to give me copies of records. Is he allowed to do this?
• September 3, 2004
  Are financial disclosure statements completed and filed by school directors public records?
• August 20, 2004
  Can a school district charge me $15.50 per hour so that an employee can watch me as I copy or scan public records?
• August 6, 2004
  Are court records subject to Pennsylvania's Right to Know law?
• June 4, 2004
  Are a solicitor’s bills public records?
• February 26, 2004
  Public records regarding drug or weapon-related incidents in public schools
• January 30, 2004
  Are coroner’s reports public records? The county coroner is claiming that it cannot release a report because of HIPAA. Is this true?
• January 16, 2004
  What records should I be able to get from the local or state police?
• December 19, 2003
  PNA explores common questions and misconceptions regarding the state Right to Know Act
• November 21, 2003
  Just the FAQs: PNA media lawyer answers your questions. This week - Charter Schools and the Right to Know Law