From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association

Q: The county commissioners approved a proposed budget last night, and when I asked for a copy, they refused and said the public isn’t entitled to a copy. The county commissioners told me that I can look at a copy at the county administration building during specific inspection times, but the hours are very limited. Can they do that?

A: No. A proposed budget is a public record, and copies must be provided upon request. Moreover, the proposed budget must be available for public inspection during the county’s normal business hours.

The County Code, which applies to 3rd-8th class counties, governs the budget adoption process. Specifically, 16 P.S. § 1782(a) and (b), require that a proposed budget be prepared and adopted no later than December 31 each year. The law also requires that notice that a proposed budget is available for public inspection be published in a newspaper of general circulation at least 20 days before the budget is adopted. Finally, the law requires that notice of the date set for final action on the budget must be given in a newspaper of general circulation at least ten (10) days before final action.

The County Code clearly makes proposed budgets public records, and as such, section 701 of the Right to Know Law requires the county to provide copies and permit public inspection of public records during the county’s regular business hours.

The County Code’s public access provisions are intended to facilitate and encourage public participation in and understanding of the budget process. Refusing to provide copies of a proposed budget and limiting the right to inspect it creates significant barriers to access that directly conflict with the plain language and clear intent of the law.