From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: There are a number of unkempt properties in our community and a seeming lack of enforcement by the code officer. To investigate, I requested access to copies of all citations issued last year for violations of the township’s grass and weed ordinance. The township denied access, relying on the non-criminal investigation exception in the Right to Know Law. Is that correct?

A: No. The non-criminal investigation exception does not apply, and the agency must provide access to the citations.

Section 708(b)(17) contains an exemption for records related to non-criminal agency investigations.

However, the exemption does not provide blanket protection for all non-criminal investigatory materials. Section 708(b)(17)(vi)(A) expressly provides public access to records that reveal the “imposition of a fine or civil penalty, the suspension, modification, or revocation of a license, permit, registration, certification or similar authorization issued by an agency.”

Citations issued for violations of township ordinances such as the grass and weed ordinance fall within the exception to the exemption and are public records that must be provided by the agency.