Indiana University of Pennsylvania September 24, 2015

Erik Arneson, Executive Director

http://openrecords.pa.gov @ErikOpenRecords @OpenRecordsPA earneson@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• 10.0% withdrawn by requester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 requesters

Website & 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 @OpenRecordsPA earneson@pa.gov

(717) 346-9903