This Commonwealth Court Opinion highlights that even though most #RTKL administrative appeals are before @OpenRecordsPA, certain agency denials are appealed differently https://t.co/UEdbKH29Yo
How much can agencies charge for complex data sets when responding to #RTKL requests? The Commonwealth Court finds agencies can charge based on the reasonable market value of the data. https://t.co/8M0BCxBAOE
New Sunshine Act decision finds that agencies may add any item to an agenda with less than 24 hours' notice as long as the board votes to amend the agenda.
This is a thread with some great #RTKL advice. Some of my favorite records to request include the agency's legal invoices, prior RTKL requests, and records of government spending (severance pay, settlements, bonuses, & payments to 3rd parties).
Thread: Unlocking Transparency: Your Guide to Pennsylvania's Right-to-Know Law
1/ Ever felt shut out by government bureaucracy? Wondered what's really going on behind those closed doors? As a recovering open records aficionado, I've seen how Pennsylvania's Right-to-Know Law (RTKL) empowers everyday folks to demand answers. Let's break it down in this thread—actionable steps to access those records. #RTKL #OpenGov
Thread: Unlocking Transparency: Your Guide to Pennsylvania's Right-to-Know Law
1/ Ever felt shut out by government bureaucracy? Wondered what's really going on behind those closed doors? As a recovering open records aficionado, I've seen how Pennsylvania's Right-to-Know Law (RTKL) empowers everyday folks to demand answers. Let's break it down in this thread—actionable steps to access those records. #RTKL #OpenGov
Get ready for @SunshineWeek! If you are in Pittsburgh, consider signing up for my free event in Pittsburgh on behalf of the PBA Bar/Press Committee and @PointParkCMI on 3/21 covering the RTKL, ACT 22, Sunshine Act, and access to court records. https://t.co/4nh90KjTzR
Page 12 of the Opinion explained: "...PLCB showed that Pennsylvania’s bourbon whiskey enthusiasts have a strong desire to lawfully purchase bourbon whiskey at the PLCB’s FW&GS stores, causing annoyance and inconvenience..." but the threats of harm were "speculation."
The Commonwealth Court's opinion holds that the PLCB did not establish that disclosing records regarding bourbon whiskey deliveries would threaten public safety or building security and ordered the records to be disclosed.
The article covers appeal deadlines, the administrative appeal process, how courts determine when a request is specific, litigation procedure and waiver in RTKL cases, and fees under the RTKL.
The Pennsylvania Bar Association Quarterly recently published my article, "Six Ways to Make the Right-to-Know Law Work Better." A summary of the article is available on my firm's website and includes a link to the full article. https://t.co/8rMSSZJlUr
The OOR suggested that the agency may have acted in bad faith because its denial of access to "Statements of Financial Interests... is based on an unreasonable interpretation of the law.” (p. 9) 4/4
The #RTKL gives agencies wide discretion to invoke an extension of time to respond, but the
@OpenRecordsPA indicated one instance where an agency may act in bad faith by issuing an extension. 1/4 https://t.co/zPse7qVAGL
The agency invoked an extension by using an automatic email reply. The OOR suggested that practice did not comply with 902, but declined to find bad faith because the automatic reply was set up while the agency’s open record officer was on vacation. 3/4
In PA, to obtain video or audio from law enforcement, you must follow Act 22's deadlines: the request must be submitted 60 days from the incident. The Commonwealth Court recently affirmed the dismissal of a request submitted after the 60-day deadline. https://t.co/cyzogktekJ
#OORFD issued: Kline v. Pennsylvania Interscholastic Athletic Association (PIAA) - Denied: Request did not comply with the agency's posted RTKL policy. Denied. https://t.co/2SxzKkDFd9
The Commonwealth Court released an opinion on the intersection of PA's Election Code and #RTKL. The Court held that in-person ballots are non-public records but suggested without deciding that mail-in and absentee ballots may be public. https://t.co/0u8Cy10DcT