Indiana University of PennsylvaniaSeptember 24, 2015

Erik Arneson, Executive Director

http://openrecords.pa.gov@ErikOpenRecords@OpenRecordsPAearneson@pa.gov

(717) 346-9903

Right-to-Know (Open Records) Law

Completely rewritten in 2007-08• SB1 (Pileggi) of 2007-08, Act 3 of 2008• All gov’t records presumed to be available

30 exceptions in RTKL Other laws can make records non-public

• Gov’t agencies have burden of proof• Created the Office of Open Records• Pennsylvania now one of the most open states

Office of Open Records

Simple for requesters & agencies• A requester denied access can appeal to OOR• No lawyer necessary for requester• OOR assigns Appeals Officer to oversee case• Both sides can present evidence & argument• OOR has 30 days to issue Final Determination

More Complicated Cases

OOR can order hearings and in camera review• Some cases benefit from hearings• More cases benefit from in camera review• Only requester can grant extensions of time• OOR has held few hearings• Ordering in camera review more common• Plan to do more mediation

Appeals on the Rise

2015 could set a new record• 1,155 appeals in 2009 (first year)• 1,228 in 2010• 1,772 in 2011• 2,188 in 2012• 2,478 in 2013• 2,017 in 2014• 1,786 through 8/31/15 (on pace for 2,679)

Who Files Appeals?

In 2014, appeals were filed by…• 45.1% average citizens• 38.8% inmates• 8.4% companies• 7.2% reporters / media• 0.5% government officials• 0.1% members of General Assembly

What Do They Appeal?

In 2014, appeals were filed against…• 829 – state agencies

57.3% Dept. of Corrections 8.0% State Police 3.9% Board of Probation & Parole

• 1,188 – local agencies 23% counties 18% school districts & charter schools 16% cities / 16% townships / 12% boroughs

How are Appeals Decided?

2,017 appeals filed last year (2014)• 20.3% granted or partially granted• 10.0% withdrawn by requester• 27.4% dismissed (some dismissed as moot)• 28.4% denied• 6.0% no jurisdiction• 1.2% consolidated• 6.6% were pending as of 12/31/14

Photographing Public Records

On Aug. 14, OOR held (Muenz v. Twp of Reserve) that requesters can photograph public records which they asked to inspect.• Good for requesters and agencies• Saves requesters money• Saves agencies time and money• Decision not appealed

MVRs: Dashcams & Bodycams

In July, Commonwealth Court found (PSP v. Grove) that “video recordings of interaction between law enforcement officers and members of the public in a public place” are public records under the RTKL.

Senior Judge Colins: “MVRs are at the core [of] the RTKL’s purpose of enabling the public to ‘scrutinize the actions of public officials, and make public officials accountable for their actions’.”

Supreme Court: PSEA Case

This case deals with home addresses of agency employees, specifically school employees.• Court has not scheduled hearing date• No constitutional right to privacy for home

addresses; however… What due process rights do employees have? How about non-employees?

OOR Outreach

Training• 42 training sessions held or scheduled in 2015• Training most often for agencies, but has been

and can be for requestersWebsite & Blog• http://openrecords.pa.gov• http://openrecordspa.wordpress.com

OOR Outreach

Podcast• Open Records in Pennsylvania podcast

available on iTunes Ep. 1: Common RTKL questions & mistakes Ep. 2: Interview w/ Senator Pileggi Ep. 3 (coming soon): Tips for requesters Ep. 4 (coming soon): Tips for agencies

Amending the RTKL

Senate Bill 411• Commercial requests• Inmate requests• Home address issue• OOR process improvements• Approved by Senate State Gov’t Cmte• Must go to Approps Cmte, then full Senate• Then through the House & to the Governor

THANK YOU

Erik Arneson, Executive Director

http://openrecords.pa.gov@ErikOpenRecords@OpenRecordsPAearneson@pa.gov

(717) 346-9903