Right-to-Know Law Request - Pennsylvania

RIGHT-TO-KNOW LAW REQUEST

Pennsylvania Right-to-Know Law (RTKL)

65 P.S. §§ 67.101–67.3104 (Act 3 of 2008)

1. REQUEST HEADER

RIGHT-TO-KNOW LAW REQUEST

Date of Request: [__/__/____]

TO (Agency Open Records Officer):

Name of Open Records Officer: [________________________________]
Agency Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Fax (if applicable): [________________________________]

FROM (Requester):

Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Re: Right-to-Know Law Request — [________________________________]
(Brief Subject Description)

2. LEGAL BASIS FOR REQUEST

This request is made pursuant to the Pennsylvania Right-to-Know Law ("RTKL"), 65 P.S. §§ 67.101–67.3104 (Act 3 of 2008, as amended). The Requester seeks access to public records, legislative records, and/or financial records as those terms are defined in the Act.

Under 65 P.S. § 67.301, a "public record" means a record, including a financial record, of a Commonwealth agency, local agency, legislative agency, or judicial agency that:

• Is not exempt under Section 708;
• Is not protected by a privilege; and
• Is not exempt under any other Federal or State law or regulation or judicial order or decree.

A record in the possession of a Commonwealth agency, local agency, or legislative agency shall be presumed to be a public record unless it falls within one of the enumerated exemptions. The burden of proving that a record is exempt rests on the agency. See 65 P.S. § 67.305 (financial records receive even broader access protections).

3. RECORDS REQUESTED

The Requester hereby requests that the Agency conduct a thorough and reasonable search of all offices, divisions, departments, and record-keeping systems within its custody or control and produce the following records:

Category A — Primary Records Requested

1. [________________________________]
   (Describe the first category of records with specificity, including document type, subject matter, names of individuals or entities, project names, and any other identifying details.)

2. [________________________________]
   (Describe additional categories as needed.)

3. [________________________________]

4. [________________________________]

Category B — Supporting Records

5. Any indices, logs, databases, or record-keeping systems that would assist in locating responsive records.

6. All segregable, non-exempt portions of any record that is partially exempt under 65 P.S. § 67.708. See 65 P.S. § 67.706 (requiring production of reasonably segregable portions).

Scope Limitations

• Date Range: All records dated, created, received, or modified from [__/__/____] through [__/__/____].
• Custodians/Offices: Records held by or within the following offices, divisions, or individuals: [________________________________].
• Keywords/Subject Matter: Records containing or relating to: [________________________________].

4. TYPE OF RECORD AND PREFERRED FORMAT

Pursuant to 65 P.S. § 67.701, the Requester specifies the following preferences:

☐ This request is for a public record (65 P.S. § 67.301).
☐ This request is for a financial record (65 P.S. § 67.305).
☐ This request is for a legislative record (65 P.S. § 67.303).

Preferred Format of Production

☐ Electronic copies in native format (e.g., .pdf, .xlsx, .docx, .msg)
☐ Electronic copies on CD/DVD/USB drive
☐ Paper copies (standard letter-size photocopies)
☐ Inspection of records at agency offices during regular business hours
☐ Certified copies (65 P.S. § 67.1307(b))
☐ Other: [________________________________]

If the requested records exist in electronic format, the Requester requests production in that electronic format pursuant to 65 P.S. § 67.701(a), which provides that a record shall be accessible for inspection and duplication in the medium requested if it exists in that medium.

5. FEE SCHEDULE AND COST LIMITATIONS

Applicable Fee Provisions

Under 65 P.S. § 67.1307, the Office of Open Records has established the following fee schedule:

Requester's Fee Authorization

☐ The Requester agrees to pay all applicable fees as permitted by 65 P.S. § 67.1307.
☐ The Requester agrees to pay fees up to $[____]. If estimated costs exceed this amount, please provide an itemized written estimate before proceeding.
☐ The Requester requests a fee waiver pursuant to any applicable agency policy.

Note: Under 65 P.S. § 67.1307(g), an agency may not charge a fee for the review of a record to determine whether the record is subject to disclosure. Agencies may not charge for staff time spent searching for or reviewing records unless explicitly permitted by the RTKL.

6. RESPONSE DEADLINE AND EXTENSIONS

Five Business Day Response Requirement

Under 65 P.S. § 67.901, the Agency must respond within five (5) business days of receipt of this written request. The response must be in writing and must:

1. Grant the request and provide access to or copies of the requested records;
2. Deny the request in whole or in part with a written explanation citing the specific exemption(s) or legal basis for denial; or
3. Invoke the right to a 30-calendar-day extension under 65 P.S. § 67.902, with a written notice stating the reason for the extension.

Deemed Denial

If the Agency fails to respond within the five-business-day period (or the extended period, if applicable), the request shall be deemed denied on the day following the last day of the applicable response period. See 65 P.S. § 67.901.

Permitted Reasons for Extension (65 P.S. § 67.902)

The Agency may invoke a single 30-calendar-day extension only if:

• The request requires redaction of a record;
• The request requires retrieval of records from a remote location;
• A timely response cannot be accomplished due to bona fide staffing limitations;
• A legal review is necessary to determine whether the record is exempt;
• The requester has not complied with the agency's policies regarding access;
• The requester refuses to pay applicable fees; or
• The extent or nature of the request precludes a response within five business days.

7. EXEMPTIONS AND SEGREGABILITY

30 Categories of Exemptions (65 P.S. § 67.708(b))

If the Agency withholds any record or portion thereof based on an exemption, the Agency is required to:

1. Identify each specific exemption relied upon (citing the applicable subsection of 65 P.S. § 67.708(b));
2. Provide a written explanation that is sufficiently specific to allow the Requester to understand how the exemption applies to each withheld record or portion;
3. Produce all reasonably segregable non-exempt portions of any record that contains both exempt and non-exempt information (65 P.S. § 67.706); and
4. Identify the name and title of the person responsible for the denial (65 P.S. § 67.903(2)).

Key Exemption Categories for Reference

The 30 exemption categories under Section 708(b) include, but are not limited to:

• (1) Records related to investigations, intelligence, security, or law enforcement
• (2) Records whose disclosure creates a reasonable likelihood of endangering safety
• (3) Records protected by the attorney-client privilege or work product doctrine
• (4) Records constituting or revealing trade secrets or confidential proprietary information
• (5) Notes and working papers prepared by or for a public official for personal or deliberative use
• (6) Records relating to an agency's internal, pre-decisional deliberations (deliberative process)
• (7) Personal financial information (SSN, bank account, credit card numbers)
• (10) Records relating to academic transcripts, examinations, and student records
• (12) Draft legislation, research memos (legislative privilege)
• (16) Records of an individual's medical or psychological history
• (17) Certain types of correspondence between agencies and constituents
• (26) Records relating to homeland security and critical infrastructure

Important: Financial records (65 P.S. § 67.305) receive enhanced protection — most exemptions under Section 708(b) do not apply to financial records. The burden of proving that a record is exempt from access rests on the agency by a preponderance of the evidence. See 65 P.S. § 67.708(a)(1).

8. APPEAL RIGHTS

Appeal to the Office of Open Records (OOR)

If this request is denied in whole or in part, or is deemed denied, the Requester reserves the right to appeal to the Office of Open Records ("OOR") within fifteen (15) business days of the mailing date of the denial or deemed denial. See 65 P.S. § 67.1101(a)(1).

Office of Open Records
Commonwealth of Pennsylvania
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
Telephone: (717) 346-9903
Website: https://www.openrecords.pa.gov

OOR Appeal Procedures

• Appeals must be submitted in writing on the OOR's official appeal form (available at the OOR website).
• The OOR Appeals Officer must issue a final determination within 30 days of receipt of the appeal, unless the parties agree to an extension. See 65 P.S. § 67.1101(b)(1).
• If the OOR fails to issue a determination within 30 days, the appeal is deemed denied.
• The agency bears the burden of proving by a preponderance of the evidence that a record is exempt.

Appeals Involving Criminal Investigative Records

Appeals involving records maintained by a local or state police department or the Office of Attorney General that relate to a criminal investigation are directed to the district attorney of the county where the law enforcement agency is located, not the OOR. See 65 P.S. § 67.1101(a)(2).

Judicial Review

Any party aggrieved by a final determination of the OOR may file a petition for review with:

• Commonwealth Court (for Commonwealth agencies, legislative agencies, and judicial agencies); or
• Court of Common Pleas of the county where the local agency is located (for local agencies).

Petitions for review must be filed within 30 days of the mailing date of the OOR's final determination. See 65 P.S. § 67.1301.

9. ATTORNEY FEES AND CIVIL PENALTIES

Attorney Fees (65 P.S. § 67.1304(a))

If a requester prevails in litigation, the court shall award reasonable attorney fees and costs of litigation if:

• The agency's response was not made in good faith; or
• The agency willfully or with wanton disregard deprived the requester of access to a public record.

Civil Penalties (65 P.S. § 67.1305)

A court may impose civil penalties of up to $1,500 per day upon an agency that has acted in bad faith in denying access to records. Additional penalties of $500 per day may be imposed for non-compliance with court orders directing production.

10. ADDITIONAL REQUESTER STATEMENTS

☐ The Requester is a resident of the Commonwealth of Pennsylvania.
☐ The Requester is not a resident of Pennsylvania but is seeking records otherwise available to non-residents.
☐ The Requester is seeking records on behalf of an organization: [________________________________].
☐ The Requester wishes to inspect records at the agency's offices. Please contact the Requester to schedule a mutually convenient time.
☐ Other: [________________________________]

11. VERIFICATION AND SIGNATURE

I certify that this request is made in good faith and for the purpose of obtaining access to public records under the Pennsylvania Right-to-Know Law. I understand that falsely submitting information under this Act may subject me to penalties.

[________________________________]
Printed Name of Requester

[________________________________]
Signature of Requester

Date: [__/__/____]

12. CERTIFICATE OF MAILING / DELIVERY

I certify that this Right-to-Know Law Request was transmitted to the above-identified Open Records Officer on [__/__/____] via:

☐ U.S. Mail (First Class)
☐ Certified Mail, Return Receipt Requested — Tracking No.: [________________________________]
☐ Hand Delivery
☐ Email to: [________________________________]
☐ Fax to: [________________________________]
☐ Agency Online Portal / Electronic Submission
☐ Other: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

PRACTICE TIPS FOR PENNSYLVANIA RTKL REQUESTS

Drafting the Request

1. Be specific. Under 65 P.S. § 67.703, an agency is not required to create a record that does not already exist. Requests must identify existing records with reasonable specificity to allow the agency to ascertain which records are being sought.

2. Identify the correct agency. The RTKL applies to all Commonwealth agencies, local agencies (including municipalities, school districts, and authorities), legislative agencies, and judicial agencies. Each agency must designate an Open Records Officer (65 P.S. § 67.502). A list of Open Records Officers is maintained by the OOR.

3. Financial records receive broader access. Under 65 P.S. § 67.305, the definition of "financial record" includes any account, voucher, contract, or other document relating to the receipt or disbursement of funds, acquisition or disposition of property, or agency compensation and expenses. Most exemptions under Section 708(b) do not apply to financial records.

4. No obligation to state purpose. The RTKL does not require a requester to explain or justify the purpose of the request. Agencies may not deny a request based on the requester's stated or inferred purpose.

Common Pitfalls

5. Overly broad requests. Courts and the OOR have upheld denials of requests deemed insufficiently specific. Avoid requests for "all records relating to" a broad topic without date limitations or other parameters.

6. Failure to track deadlines. The five-business-day response window and 15-business-day appeal window are jurisdictional. Missing the appeal deadline forfeits the right to administrative review.

7. Fee disputes. If an agency's fee estimate appears unreasonable, challenge it through the appeal process. The OOR has authority to review and adjust fee assessments.

8. Extension abuse. Some agencies routinely invoke the 30-day extension. The extension is permissible only for the specific reasons enumerated in 65 P.S. § 67.902, and the agency must state the reason in writing.

Strategic Considerations

9. Parallel requests. If records may be held by multiple agencies, submit separate requests to each agency.

10. Preserve the record. Keep copies of the request, the method and date of delivery, and all agency responses. These will be essential if an appeal is necessary.

11. Consider a Vaughn index. In appeals involving multiple withheld records, request that the agency provide a Vaughn-style index describing each withheld record and the exemption(s) claimed.

12. Attorney fee recovery. Under 65 P.S. § 67.1304(a), if litigation is necessary and the agency acted in bad faith, the court shall award attorney fees. Document any indicia of bad faith or willful noncompliance.

KEY DISTINCTIONS: RTKL vs. FEDERAL FOIA

Pennsylvania practitioners should be aware of the following distinctions between the Pennsylvania RTKL and the federal Freedom of Information Act (5 U.S.C. § 552):

SOURCES AND REFERENCES

• Pennsylvania Right-to-Know Law (Act 3 of 2008): 65 P.S. §§ 67.101–67.3104
• Office of Open Records: https://www.openrecords.pa.gov
• OOR Fee Schedule and Advisory Opinions: https://www.openrecords.pa.gov
• Pennsylvania Freedom of Information Coalition: https://pafoic.org
• 101 Pa. Code Chapter 31 (OOR Regulations)
• PA General Assembly — Act No. 3 of 2008 Full Text: https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/2008/0/0003..HTM

This template is designed for use by attorneys and pro se requesters seeking public records from Pennsylvania Commonwealth, local, legislative, or judicial agencies under the Right-to-Know Law. Always verify current fee schedules and filing procedures with the Office of Open Records before submission.