Here’s a Twitter thread I posted recently exploring some common procedural issues which arise under the Right-to-Know Law.
Friday afternoon seems like a good time to explore some Right-to-Know Law procedural issues, right? Tweets from @OpenRecordsPA will be used for these examples. #RTKL #OpenGov #Pennsylvania
— Erik Arneson (@ErikOpenRecords) July 20, 2018
I'll focus today on the reasons that some appeals made to @OpenRecordsPA are dismissed. The #RTKL includes some specific timelines which regularly come into play.
— Erik Arneson (@ErikOpenRecords) July 20, 2018
Agencies have five business days to issue a response to a #RTKL request. Sometimes, appeals are dismissed for being filed too early. e.g.: https://t.co/8s0aNXJnti
— Erik Arneson (@ErikOpenRecords) July 20, 2018
Requesters have 15 business days to appeal a denial (or deemed denial, if the agency never responds) under the #RTKL. Sometimes, appeals are dismissed for being filed too late. e.g.: https://t.co/szGJepZw4M
— Erik Arneson (@ErikOpenRecords) July 20, 2018
#RTKL appeals must include a few basic things. For example, they must state why the records are public and address any grounds stated by the agency for denying the request. Sometimes, requesters fail to do that. e.g.: https://t.co/daoO7G9EIx
— Erik Arneson (@ErikOpenRecords) July 20, 2018
#RTKL appeals must also include a copy of the original request. If an appeal is filed without the request, the OOR orders the requester to provide it. If we don't get a copy, we have to dismiss the case. e.g.: https://t.co/1rZSPWxzKq
— Erik Arneson (@ErikOpenRecords) July 20, 2018
Sometimes #RTKL appeals are dismissed for lack of jurisdiction. For example, the OOR does not hear appeals involving judicial agencies. e.g.: https://t.co/jTMyXxIFiO
— Erik Arneson (@ErikOpenRecords) July 20, 2018
The best way to avoid having an appeal dismissed on technical grounds is to use the OOR's online appeal form. We designed it to be simple and user-friendly. I think it is, but suggestions are welcome. https://t.co/sni05rbBRz
— Erik Arneson (@ErikOpenRecords) July 20, 2018
We also have a web page and YouTube video which walk you through the process of filing a #RTKL appeal in Pennsylvania. https://t.co/fjhr2RI2xK
— Erik Arneson (@ErikOpenRecords) July 20, 2018
I hope these tweets were informative. If you have other topics you'd like to have covered here, please let me know. #RTKL #OpenGov #Pennsylvania
— Erik Arneson (@ErikOpenRecords) July 20, 2018
Open Records in Pennsylvania 