Act 3 of 2008, also known as the Right-to-Know Law, regulates and expands the information that must be made available to the general public from government agencies in the commonwealth.
Pursuant to Section 504 of the Right-to-Know Law,
65 P.S. §67.101 et seq. (RTKL), the Pennsylvania Commission on Crime and
Delinquency (PCCD) sets forth the following policies, process and procedures,
regarding responses by PCCD to requests made pursuant to the RTKL, in addition
to complying with the policies set forth in
Management Directive 205.36, Right-To-Know Law Compliance.
In addition, to facilitate access to documents of
public interest and reduce the need for RTKL requests, PCCD makes many documents
public. DGS publishes many solicitations, awards and contracts on its website.
Visit the DGS website for more information.
DGS and PCCD upload contracts to the Department of Treasury website, pursuant to the requirements of
Chapter 17 of the RTKL, 65 P.S. §§ 67.1701-1702.
REQUESTS
A
written request to PCCD under the RTKL must:
- Be addressed to the Agency Open Records Officer ("AORO") at:
Derin Myers, AORO
PCCD RTKL Office
P.O. Box 1167
Harrisburg, PA 17108-1167
Email: RA-PCCD-RightToKnow@pa.gov
- Identify a name and address to which PCCD should address its response;
- Indicate that the request is being made pursuant to the RTKL;
- Be submitted in person, by email or by facsimile;
- Be sufficiently specific to enable PCCD to ascertain which records are being
requested; and
- Be from a person that is a legal resident of the United States.
While verbal requests may be fulfilled by PCCD, the requester cannot pursue
the relief and remedies provided under the RTKL unless the request is in
writing.
RTKL requests may be submitted using the following form
from the Office of Open Records
The regular business hours of the RTKL Office are 8:30 a.m. to 5:00 p.m.,
Monday through Friday.
Any RTKL request received by the RTKL Office after
the close of regular business hours shall be deemed to have been received by
that office on the following business day.
RTKL requests received by PCCD will be considered "public record" information
by PCCD and such requests may be made available for public access through its
website.
RESPONSES
The AORO may respond by providing a requester with access to
inspect a record electronically or as otherwise maintained by the PCCD, either:
- By providing access in the offices of PCCD, if agreed to by the requester;
- By sending a copy to the requester; or
- By notifying the requester that the record is available through publicly
accessible electronic means and, if the requester writes to PCCD within 30 days
that the requester is unable or unwilling to access the information
electronically, by then providing the records in paper format, upon payment for
the same.
Each of these options is a "response" for purposes
of the RTKL, as is PCCD's written notice to the requester granting, denying or
partially granting and partially denying access to a record. PCCD may send
written responses to requesters by United States mail, by hand (in person or by
delivery service), by facsimile, or by email.
Unless a longer period of time is needed and
communicated to the requester by an "interim response" (as discussed in the
Interim Responses section below), the RTKL requires that PCCD respond to an RTKL
request within five business days. For purposes of determining the end of the
five business day period, the day that a RTKL request is received is not
counted. The first day of the five business day period is the PCCD's next
business day.
Interim Responses
PCCD must provide a
final response to a RTKL request within five business days, unless one or more
specific conditions are satisfied and the AORO gives the requester written
notice that additional time will be required. That notice is referred to as an
"interim response."
The AORO may send an
interim response if any of the following apply:
- The RTKL request requires redaction of a public record;
- The RTKL request requires retrieval of a record from a remote location;
- A response within the five business day period cannot be accomplished due to
bona fide staffing limitations, which limitations must be specified in the
interim response;
- A legal review is necessary to determine whether the record requested is
subject to access under the Act;
- The requester has not complied with PCCD's policies regarding access to
public records;
- The requester has not complied with a demand for prepayment of fees, which
are required to fulfill the RTKL request and which are estimated to exceed $100;
- Further, if prepayment of fees is required by PCCD, the time period for
response shall be tolled from the time the demand for payment is made until such
time as payment is actually received; or
- The extent or nature of the request precludes a response within the required
time period.
An interim response
must:
- Be sent to the requester on or before the last day of the five business day
period;
- State that the request is being reviewed and the reason for the review;
- Give an estimate of applicable fees owed when the record becomes available;
and
- State a reasonable date that a response is expected to be provided. This
date must not be more than 30 calendar days from the end of the five business
day period.
If the date of an expected response is in excess of
30 days following the five days allowed for in Section 901, the request will be
deemed denied unless the requester has agreed in writing to the date specified
in the notice.
PCCD will send an interim
response when the estimated fee for responding to the request is in excess of
$100. Once the estimated payment is received, PCCD will proceed to:
- Make a final determination as to what records, if any, are public records
under the RTKL,
- Begin search and retrieval of those records,
- Perform any required redaction, and
- Advise the requester, within 30 days, as to a date by when any responsive
public records will be produced.
Failure to make an estimated payment by the date
required by PCCD in its interim response will result in the request being deemed
withdrawn.
Final Responses
There are three possible final responses. Either the request is:
- Granted;
- Denied; or
- Granted in part and denied in part.
The failure to make a timely response is deemed to
be a denial.
If a written request is denied in whole or in part,
PCCD will issue a final written response that will include an explanation of the
procedure for the requester to appeal, if the requester chooses to do so. The
written denial will also set forth the specific reasons for the denial,
including a citation of supporting legal authority. If the denial is the result
of a determination that the record requested is exempt from disclosure, the
specific reasons for PCCD's determination shall be included.
Non-production of records due to the fact that a
good faith search by PCCD does not produce any responsive records is not a
denial of access.
Redaction
PCCD will not deny access to a
public record based upon the fact that portions of the record are not public
records and, as a result, not subject to disclosure. PCCD will redact the
portions of a public record that are not public records and produce the portions
that are public records.
Access
PCCD may provide a requester with access to inspect a record
electronically or as otherwise maintained by PCCD, either:
- By providing access in the offices of PCCD, if agreed to by the requester,
- By sending a copy to the requester, or
- By notifying the requester that the record is available through publicly
accessible electronic means and, if the requester writes to PCCD within 30 days
that the requester is unable or unwilling to access the information
electronically, by then providing the records in paper format, upon payment for
the same.
PCCD has the discretion to determine the
building(s) and room(s) that will be used to provide a requester with access to
PCCD's public records. The selection of buildings and rooms for access to PCCD's
public records is a matter within the discretion of the AORO.
PCCD will provide a public record to a requester in
the medium requested if the record exists in that medium. Otherwise, the public
record must be provided in the medium in which it exists. If a public record
only exists in one medium, PCCD is not required to convert that public record to
another medium, except that if the public record is only available in an
electronic form, PCCD must print it out on paper if the requester so requests.
PCCD is not required to create a public record that
does not already exist, nor is it required to compile, maintain, format, or
organize a public record in a manner in which PCCD does not currently do.
Duplication of Public Records
PCCD may
either make copies itself or, at its discretion, allow the requester to bring
the necessary equipment to make its own copies. PCCD may make its duplication
equipment available to a requester, but require that the requester operate the
equipment, assign PCCD staff to make the duplications, or contract for
duplication services and require the requester to pay the applicable rate.
APPEALS
When a request
is denied or deemed denied, whether in whole or in part, the requester may file
an appeal with the Office of Open Records, where it will be assigned to an
Appeals Officer.
This appeal must be filed within 15 business days of
the denial or deemed denial. The appeal must state the grounds upon which the
requester asserts that the record is public, and should address any grounds
stated by PCCD for delaying or denying the request.
The appeal shall be
sent to the OOR at the address set forth below and simultaneously to PCCD’s
AORO, in the same manner as the appeal is sent to the OOR (email, fax, mail or
hand delivery) with:
- PCCD's response,
- The RTKL request, and
- The appeal form that is available on the OOR Website
Commonwealth Keystone Building
400
North Street, Plaza Level
Harrisburg, PA 17120-0225
Phone: (717)
346-9903
Email: openrecords@pa.gov
A person other than PCCD or the requester, with a
direct interest in the record that is subject to an appeal, has 15 days
following actual knowledge of the appeal, but no later than the date the Appeals
Officer issues an order, to file a written request to provide information or to
appear before the Appeals Officer in support of the requester's or PCCD's
position in the appeal. The Appeals Officer may, but does not need to, grant
the request.
For further information on appeals, it is suggested
that the requester review the Web site of the Office of Open Records.
FEES
Applicable fees to be
charged by PCCD under the RTKL are as follows:
Fees Determined by the Office of Open
Records
Under the RTKL, the Office of Open Records has the authority to
establish two fees for Commonwealth agencies: Duplication, 65 P.S. §67.1307(b);
and Enhanced Electronic Access (PCCD may establish user fees, subject to
approval by the Office of Open Records), 65 P.S. §67.1307 (e).
The fees for duplication are established by the
Office of Open Records website.
Unless otherwise directed by the statute, PCCD will charge a maximum of
$.25 per page for duplication, although on-site publication may be at a reduced
rate of $.15 per page at the discretion of PCCD.
Pursuant to PCCD's policy, PCCD may waive
duplication fees for 50 pages or less. Duplication charges are to be paid for
any duplication in excess of 50 pages.
Specialized Fees
- PCCD will charge $1 per copy for certified copies, when requested by the
requester.
- PCCD will charge the actual cost for postage, facsimile/microfiche or other
media, as well as for specialized documents. Except that postage fees will be
waived for postage that costs under $1.
- Special rules apply to fees for transcripts of administrative proceedings:
- Prior to an adjudication becoming "final, binding and non-appealable,"
transcripts may be requested through an agency; however, the stenographer or
court reporter is permitted to charge the regular fee for this service.
- Following an adjudication becoming "final, binding and non-appealable," a
request for the transcript shall be treated like any other request for a record
and the usual duplication fee of up to $.25 per page will be charged.
Reasonable and Necessarily Incurred Costs
As expressly provided by 65 P.S. §67.1307(g), PCCD has the authority to
charge requesters reasonable fees for necessarily incurred costs. PCCD will
determine and charge such fees on a case-by-case basis.
General
No charge shall be made for
agency or legal review of the record to see whether the requested records are
public records that are subject to production.
If the estimated fees that are required to fulfill
the RTKL request exceed $100, the requester must pay the estimated amount in
advance, either by certified check or by ordinary check, which must first have
cleared to be considered received by PCCD. The demand for prepayment will
specify a reasonable period of time in which the requester must make such
prepayment. Failure to make an estimated payment by the date required by PCCD in
its interim response will result in the request being deemed withdrawn.
All applicable fees must be paid in order to
receive access to the record requested, 65 P.S. §67.901. Any requester who has
unpaid amounts outstanding to PCCD or to any agency under the Governor's
jurisdiction, in relation to RTKL requests where production was made by any such
agency, will not be granted access to records under other RTKL requests until
such prior amounts due have been paid in full.
When an estimated fee was not required to be paid
because the estimate was $100 or less, but actual fees are over $100 or where
the fee was under $100, an agency has the discretion to produce the records and
invoice for the amount due or to require payment prior to production.