Indiana University of Pennsylvania September 24, 2015
Erik Arneson, Executive Director
http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA [email protected]
(717) 346-9903
Right-to-Know (Open Records) Law
Completely rewritten in 2007-08
• SB1 (Pileggi) of 2007-08, Act 3 of 2008
• All gov’t records presumed to be available
30 exceptions in RTKL
Other laws can make records non-public
• Gov’t agencies have burden of proof
• Created the Office of Open Records
• Pennsylvania now one of the most open states
Office of Open Records
Simple for requesters & agencies
• A requester denied access can appeal to OOR
• No lawyer necessary for requester
• OOR assigns Appeals Officer to oversee case
• Both sides can present evidence & argument
• OOR has 30 days to issue Final Determination
More Complicated Cases
OOR can order hearings and in camera review
• Some cases benefit from hearings
• More cases benefit from in camera review
• Only requester can grant extensions of time
• OOR has held few hearings
• Ordering in camera review more common
• Plan to do more mediation
Appeals on the Rise
2015 could set a new record
• 1,155 appeals in 2009 (first year)
• 1,228 in 2010
• 1,772 in 2011
• 2,188 in 2012
• 2,478 in 2013
• 2,017 in 2014
• 1,786 through 8/31/15 (on pace for 2,679)
Who Files Appeals?
In 2014, appeals were filed by…
• 45.1% average citizens
• 38.8% inmates
• 8.4% companies
• 7.2% reporters / media
• 0.5% government officials
• 0.1% members of General Assembly
What Do They Appeal?
In 2014, appeals were filed against…
• 829 – state agencies
57.3% Dept. of Corrections
8.0% State Police
3.9% Board of Probation & Parole
• 1,188 – local agencies
23% counties
18% school districts & charter schools
16% cities / 16% townships / 12% boroughs
How are Appeals Decided?
2,017 appeals filed last year (2014)
• 20.3% granted or partially granted
• 10.0% withdrawn by requester
• 27.4% dismissed (some dismissed as moot)
• 28.4% denied
• 6.0% no jurisdiction
• 1.2% consolidated
• 6.6% were pending as of 12/31/14
Photographing Public Records
On Aug. 14, OOR held (Muenz v. Twp of Reserve) that requesters can photograph public records which they asked to inspect.
• Good for requesters and agencies
• Saves requesters money
• Saves agencies time and money
• Decision not appealed
MVRs: Dashcams & Bodycams
In July, Commonwealth Court found (PSP v. Grove) that “video recordings of interaction between law enforcement officers and members of the public in a public place” are public records under the RTKL.
Senior Judge Colins: “MVRs are at the core [of] the RTKL’s purpose of enabling the public to ‘scrutinize the actions of public officials, and make public officials accountable for their actions’.”
Supreme Court: PSEA Case
This case deals with home addresses of agency employees, specifically school employees.
• Court has not scheduled hearing date
• No constitutional right to privacy for home addresses; however…
What due process rights do employees have?
How about non-employees?
OOR Outreach
Training
• 42 training sessions held or scheduled in 2015
• Training most often for agencies, but has been and can be for requesters
Website & Blog
• http://openrecords.pa.gov
• http://openrecordspa.wordpress.com
OOR Outreach
Podcast
• Open Records in Pennsylvania podcast available on iTunes
Ep. 1: Common RTKL questions & mistakes
Ep. 2: Interview w/ Senator Pileggi
Ep. 3 (coming soon): Tips for requesters
Ep. 4 (coming soon): Tips for agencies
Amending the RTKL
Senate Bill 411
• Commercial requests
• Inmate requests
• Home address issue
• OOR process improvements
• Approved by Senate State Gov’t Cmte
• Must go to Approps Cmte, then full Senate
• Then through the House & to the Governor
THANK YOU
Erik Arneson, Executive Director
http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA [email protected]
(717) 346-9903