From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: A county just hired a number of new employees. I requested a copy of their employment applications, resumes and salaries, but the county denied the request, stating that personnel records are exempt under the Right to Know Law. Is that correct?

A: No. Application materials of those hired by a public agency are public records under to the Right to Know Law. Further, the law expressly provides access to salaries of public employees.

The Right to Know Law contains an exemption related to personnel records, but it does not provide blanket confidentiality for all personnel records.

Section 708(b)(7) of the Right to Know Law exempts from public access certain records related to agency employees such as grievance materials and written criticisms of an employee. It does not, however, provide blanket confidentiality for all records contained in a personnel file.

Application materials of those hired by a public agency are public records.

Likewise, section 708(b)(7) expressly makes public an agency’s final decision regarding demotion or discharge of a public employee.

Section 708(b)(6) expressly provides access to the name, position, salary, actual compensation or other payments or expenses, employment contract, employment-related contract or agreement and length of service of a public official or an agency employee.

Finally, the Commonwealth Court has held that exemptions in the Right to Know Law must be narrowly construed in light of the intent of the law and the remedial nature of the legislation.

Applications, resumes and salaries of public employees are public records and must be provided under the Right to Know Law.