What is Right-To-Know?
The purpose of Pennsylvania’s Right to Know Law is to give the public access to public records. Every record of an Agency is presumed to be public. Agencies bear the burden of proving that a record is not public.
Organizations deemed as agencies under Right-to-Know should have a Right-to-Know officer to handle requests.
Is my organization an agency under Right-to-Know?
It depends! Take a look at the test below, but be sure to talk with a lawyer or solicitor to make a determination.
- Degree of government control
- How is the board composed? Does the library have to check in with a municipality, and if so, how?
- Nature of the organization’s functions
- Is the core purpose of the organization governmental?
- Financial Control
- What is the degree of government funding that makes up the organization’s revenue compared to non-government revenue streams?
Consider your library’s interactions with government entities. Whether your organization is an agency under right-to-know or not, the organization should have procedures in place to be honest and transparent with the public.
What if a citizen wants to make a Right-to-Know Request?
If your organization is an agency under Right-to-Know:
- Requests should go to the Right-To-Know officer, who has five days to respond to the request.
- Requests must be made on the official Office of Open Records form. The organization may also have an additional, supplemental form of its own for citizens to fill out.
- If the organization denies the request or if the citizen feels the response is not adequate, the citizen has the option to send an appeal to the Office of Open Records.
If your organization is NOT an agency under Right-to-Know:
- Your organization should still have a local form and policy in place to manage requests for access to public records.
- Designate someone to handle requests (i.e. library director) and respond with records or denial in a timely fashion.
- If the organization denies the request or if the citizen feels the response is not adequate, the citizen has the option to send an appeal to the Office of Open Records.
What if a citizen submits an appeal to the Office of Open Records?
Whether or not your organization is already deemed to have records that fall under Right-to-Know, the organization in question bears the burden of providing evidence to the Office of Open Records that a record is not for public access.
See flow chart: https://www.openrecords.pa.gov/Documents/RTKL/RTKL_Flowchart.pdf
What else do I need to know or do?
- If the Office of Open Records determines in an appeal that an organization is a Right-to-Know agency, the organization will not get in trouble for this first offense. But, it should then arrange and implement proper procedures for handling requests in the future.
- Moving the “record” (i.e. document, conversation, etc.) to a non-agency channel or property does not shield the item or content from Right-to-Know.
- Stick to your library’s Retention Policy. According to the Office of Open Records, if an organization does not have a document, they do not have it. Do not keep outdated documents that could be a liability for the organization.
- Be transparent. Put information on the organization’s website including, but not limited to:
- Board agendas and minutes
- Public facing policies
- 990s
Resources:
- Financial Transparency and Public Disclosure Requirements (National Council of Nonprofits)
- PA Office of Open Records
- Sample Policy and Request Form
Last updated October 2023
This information is provided to the best of our knowledge as of the date provided. Information is subject to change without notice. While authoritative, it is not guaranteed for accuracy or legalities. If there are questions, please reach out to your district consultant, who may encourage your library to ask a local solicitor/lawyer for further guidance.