From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: 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?

A: Yes, the severance package is a public record and should be released by the borough.

Pennsylvania’s Right to Know Law makes public “accounts, vouchers and contracts” dealing with the receipt or disbursement of public funds as well as “minutes, orders or decisions” of an agency.

Public employees are paid from public funds; their salaries and any other payments made to them are “accounts” dealing with the disbursement of public funds. Retirement pay must be disclosed pursuant to the Right to Know Law.

If the severance package contains details that are non-public under the Right to Know Law, such as social security numbers or specific medical information of the retiree, the borough may redact only that which is not public. It must release the document, with appropriate redactions. Anything redacted is treated as a denial under the Law.

If you have a specific legal question, please call the Legal Hotline at (717) 703-3080.

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PNA Legal Hotline: (717) 703-3080