Right-to-Know Guide
Required action — By January 1, townships must appoint an open records officer by motion at a meeting and post the following information at the township building and on the township’s Web site, if you have one: contact information for the township’s open records officer, the state Office of Open Records, and the county district attorney, if the township has a police department; a records request form (Townships may use the Office of Open Record’s Uniform Request Form  --located below-- or may create their own. Townships must accept requests filed on the Uniform Request Form even if they have their own form); and the township’s open records policy, if the township adopts a policy.

Open records policy — The sample policy below contains the information that must be posted, fees that comply with the Office of Open Record’s fee schedule, and the appeals process from Act 3. While not required, it is recommended that each township consider adopting an open records policy that identifies who the open records officer is, specifies his contact information and office hours, and includes information about fees and how to submit requests. Townships must follow the fee structure established by the Office of Open Records: 10 to 25 cents per page for black-and-white copies; actual cost for specialized documents, such as color copies or blueprints; $1 per record for certification; actual cost for fax, microfiche, or other media, and actual cost for postage. Townships cannot charge for staff time. To view the entire fee schedule, log onto openrecords.state.pa.us and choose “Fees.”
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Because an open records policy is not required, townships may choose to adopt a policy at the January 5, 2009 reorganizational meeting by motion or resolution. Once adopted, be sure to post the policy at the township building and on the township’s Web site, if you have one.

Registration of open records officer: Act 3 requires the Office of Open Records to create a list and post all open records officers' names and contact information on its Web site. Once your township appoints an open records officer, the following information must be provided to the Office of Open Records via email to OROregistration@state.pa.us or fax (717) 425-5343: the name of your township, name of your open records officer, the township’s address, phone number, fax number, and email address (if applicable). If you have additional questions, please contact the Office of Open Records at (717) 346-9903.

Requests — When the open records officer receives a request, he must stamp the date of receipt on it and note the date by which the request must be fulfilled. Under the law, requests must be fulfilled or denied in writing within 5 business days. Townships may take an additional 30 days to fulfill a request if redaction is required; documents must be retrieved from a remote location; a legal review is needed; or legitimate staffing limitations exist. If additional time is needed, the open records officer must send the requestor a receipt of the request that includes a statement of the reason for the need for additional time within 5 business days from receipt of the request or the request is deemed denied.

Public records — Townships should be aware that Act 3 contains a new definition of public record. Under the new definition, a public record is any government record, including a financial record, that is not exempt under one of the 30 exceptions in Section 708 of the law; is not exempt from being disclosed under any other federal or state law or regulation or judicial order or decree; or is protected by a privilege, such as attorney-client privilege.

Retention — Townships are not required to keep track of all the requests received, but this is a recommended practice. Townships must retain the written request, including all documents submitted with the request, until the request has been fulfilled. If the request is denied, the written request must be maintained for 30 days. If the denial is appealed, the written request must be kept until a final determination is issued. Townships do not need to retain an extra copy of the requested items.

Denial — If a township denies access to a document, the township has the burden to prove that the requested document is not a public record. Denials must be in writing and shall include a description of the record requested; specific reasons for the denial, including a citation of supporting legal authority; the typed or printed name, title, business address, business telephone number and signature of the open records officer denying access; the date of the response; and the procedure to appeal under Act 3. Sample denial letters are available at openrecords.state.pa.us.
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Helpful Links and Information:

• PSATS Sample Right-to-Know Law Policy
• Office of Open Records
• Uniform Record Request Form
• Appeals Process- Interim Guidelines
• Act 3 of 2008 Analysis (Produced by County Commissioners Association of Pa) (PDF)
• Act 3 of 2008