Emailed notice doesn't meet Sunshine Act requirements
December 17, 2010
Q: A local township canceled its regular Tuesday meeting because of snow. The township secretary sent out an email to local media announcing that the rescheduled meeting would be held the following day. Does this raise Sunshine Act issues? Read More…
Unless already undercover, police names public record
December 02, 2010
Q: I requested the name, job title, salary and years of service of local borough police officers. My request was denied on the basis that officers “could, at some point in the future, go undercover.” Is that right? Read More…
Pa. Supreme Court reinstates injunction barring release of school employees’ addresses
November 12, 2010
On November 1, 2010, the Pennsylvania Supreme Court reinstated the preliminary injunction prohibiting the release of public school employees home addresses while the appeal is pending. What does that mean to you? At some point, the Pa. Supreme Court will enter a final order on the appeal. It remains to be seen if the court will address only the procedural issue raised by the Commonwealth Court or address the merits of the case as well. Read More…
Recording conversations without permission is illegal
September 30, 2010
Q: Can I record an interview without asking the subject of the interview for permission? Read More…
Zoning hearing board may deliberate in private
September 23, 2010
Q: A zoning hearing board heard testimony on a zoning application, took public comment and then announced that they will “meet privately to discuss the application and public comment.” After the private discussion, the board voted publicly to approve the application. Can they do that? Read More…
Sunshine Act makes committee meeting open to public
September 09, 2010
Q: A school district voted last night to adopt a drug testing policy for students. The policy was never discussed at a public meeting. A committee that included one board member, parents and tax payers met privately several times over the summer to discuss the policy. I was told the committee meetings weren’t public, because the board didn’t want to stifle discussion or deter participation from private citizens. The board voted to accept the recommendations of the committee and said nothing more before approving the new policy. Is this OK? Read More…
RTK Law fee schedule doesn't apply to court case files
September 02, 2010
Q: Does the fee schedule for the new Right to Know Law apply to criminal case files in the Magisterial District Courts? Read More…
Opinion: No legal notice required for reconvened meeting
July 29, 2010
Q: A school board meeting ran long and as a result, the board recessed the meeting for one week. Does the Sunshine Act require the school board to place a legal notice in our paper stating the date, time and place of the reconvened meeting? Read More…
Opinion: Sunshine Act penalties infrequently imposed
July 22, 2010
Q: Our newspaper would like to pursue legal action against a local agency for Sunshine Act violations. Are there civil or criminal penalties for violating the act? Read More…
Opinion: Timing of meeting notice matters
June 24, 2010
Q: A borough scheduled a special meeting for Friday morning and requested the public notice ad to run in our Thursday edition. We are an afternoon paper and most readers don’t receive the paper until after 4 p.m. Does this create an issue? Read More…
Opinion: OOR can't order payment of legal fees
April 08, 2010
Q: I recently filed an appeal with the Office of Open Records. The agency has asked the Office of Open Records to order me or my newspaper to pay the agency’s legal fees related to the appeal. The agency argues that my request is “frivolous” because I requested the same record under the old law and was denied. Can the Office of Open Records order me to pay the agency’s legal fees resulting from the OOR appeal? Read More…
Opinion: Clean Streams Act makes DEP records public
February 25, 2010
Q: I want to look at applications filed with the Department of Environmental Protection (DEP). Can the DEP deny my request? Read More…
Opinion: Minutes public after next meeting; recordings public when created
February 18, 2010
Q: I requested copies of a local agency’s minutes and audio recording from a meeting held in early December, 2009. I was denied on the basis that meeting minutes aren’t public until they have been formally approved, and the audio recording is exempt as a “personal use” record. There have been three meetings since early December. Can the agency deny access to minutes and the audio recording at this point? Read More…
Opinion: No blanket exemption for email on personal account
January 28, 2010
Q: I requested access to e-mails sent between council members and the mayor of a local agency. The agency denied my request on the basis that the agency does not provide e-mail accounts to council or the mayor, and the e-mails are sent from personal e-mail addresses. Can they do that? Read More…
Pennsylvania Sunshine Act: Improvements needed
January 18, 2010
The Pennsylvania Newspaper Association's fsummary of improvements needed in Pennsylvania's open meetings law, known as the "Sunshine Act." Read More…
Opinion: Cell phones may be used to record meetings
January 14, 2010
Q: I recently attended a public meeting and was told that I could not use my cell phone to record the proceedings because cell phones are not approved by the board as an appropriate recording device and because I didn’t get permission to record in advance. Can the agency do that? Read More…
Opinion: Agency can't take additional extension
January 07, 2010
Q: An agency requested an additional 30 calendar days in which to respond to my Right to Know Law request. On the 30th day, I received a letter stating that the records are public but the agency will take an additional three months to compile and copy them due to staffing limitations. Can the agency extend their time for response like that? Read More…
