From the PNA Legal Hotline

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

Q: Can agencies withhold documents until my check clears and its financial department gives the go ahead?

A: No. Public records should be turned over when payment is submitted.

Q: I filed a RTKL request and was granted access. I paid the agency $20 for copying fees two weeks ago and the check cleared my bank last week. The RTKL Officer told me he will not release my copies until the agency’s treasury department informs him, in writing, that payment has been made which could take another two weeks. Can the agency withhold my records like this?

A: No. The agency should provide the copies immediately. Section 1307 of the Right to Law governs the fees that may be imposed by an agency related to public records. Payment for purposes of the Right to Know Law is made when payment is submitted to the agency. The policy described above creates an unreasonable barrier to access which conflicts with the intent of the law. If a check is returned for insufficient funds, an agency can pursue civil and/or criminal penalties. Note that under Section 1307(h), agencies can require prepayment prior to granting a request for access if the fees required to fulfill the request are expected to exceed $100. This means that agencies may not have to begin to assemble and copy records prior to the requestor providing payment when fees are expected to exceed $100.