From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association

Q: A school board voted to accept an anonymous donation that can only be used to pay the salary and benefits of the creative arts teacher for one year. Can we get the name of the donor and do we have to file a formal Right to Know Law request?

A: This information is public. Agencies may, but are not required to, answer informal requests for records.

Section 708(b)(13) of the Right to Know Law exempts from public access “records that would disclose the identity of an individual who lawfully makes a donation to an agency.” However, there is an exception to this rule when the donation is “intended for or restricted to providing remuneration or personal tangible benefit to a named public official or employee of the agency.”

In this situation, the donation is restricted to providing pay and benefits to a particular agency employee, the creative arts teacher. This fact should trigger the exception to the general rule and require the school to release the name of the donor.

Many agencies answer — and sometimes even prefer — informal inquiries. A reporter should ask for information in whatever way he or she thinks will hasten the response. If an agency does not respond quickly, however, PNA recommends filing a formal Right to Know Law request, which starts the clock on the agency’s obligation to respond under the Law.