From the Legal Hotline

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

Q: Are fire departments considered “agencies” for purposes of the Sunshine Act and Right to Know Law?

A: It depends. In some areas, usually large cities, fire
departments are publicly funded with firefighters being public employees. This type of fire department is subject to the Sunshine Act and Right to Know Law. In many other areas throughout the state, fire departments are run by volunteers and operate as non-profit organizations. These types of fire departments may not be agencies subject to the Sunshine Act or current Right to Know Law, but it depends upon how they are structured, i.e., how “connected” they are to the local government that they serve. These are very fact-specific inquiries, but the questions to ask include who serves on their boards, how they were created, how they receive funding, and who controls their operations.

Even if these organizations are not public agencies, you can get information on non-profit organizations from other sources. For instance, many non-profit organizations are required to file the IRS 990 form annually. A non-profit organization’s 990 form is a public record and provides information on the organization’s mission and finances. The 990 form can be obtained from a number of sources including the non-profit organization itself, the IRS, and www.guidestar.org.

In addition, beginning January 1, 2009, the new Right to Know Law goes into effect. That law contains a new, expanded, definition of “local agency,” which may include a local fire department. It also requires government contractors performing “government functions” to make certain records publicly available.

Please contact your newspaper’s lawyer or the PNA Legal Hotline at (717) 703-3080 if you have questions or need any additional information.

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