COVID-19

Pageviews on OOR Blog Surged in 2020

/ Liz Wagenseller / 1 Comment

Open records_logo stacked

The first post was made to this Office of Open Records blog on June 25, 2015. Since then, as executive director of the OOR, I’ve posted here about a wide variety of topics related to the OOR, court decisions, legislation, RTKL training resources, and much more.

Pageviews on this blog have been relatively consistent through the years:

  • 5,718 in 2015
  • 17,526 in 2016
  • 9,860 in 2017
  • 9,608 in 2018
  • 10,163 in 2019

In 2020, however, pageviews surged — to 42,280.

The single biggest reason for that increase is the fact that this blog is where we posted the official OOR COVID-19 advisories regarding the Right-to-Know Law and the Sunshine Act. (Posting the advisories here made it easier to edit them as events warranted.)

The pages on this blog with the most views in 2020 were:

One thing this data makes very clear is that this blog has become an important part of keeping the public informed about issues related to the RTKL, the Sunshine Act, and government transparency.

NOTE: All data for 2020 is through and including Dec. 31, 2020.

Survey Results: COVID-19’s Impact on RTKL & Sunshine Act

/ Liz Wagenseller / Leave a comment

Open records_logo stackedThe Office of Open Records recently conducted two surveys about the impact of the COVID-19 pandemic on the administration of Pennsylvania’s Right-to-Know Law (open records law) and Sunshine Act (open meetings law).

Some of the highlights were discussed yesterday at the OOR’s 2020 Annual Training, and here are the complete results:

Results from the COVID-19 Survey for AOROs (377 responses)
Results from the COVID-19 Survey for Requesters (26 responses)

Please note that approximately 40 executive agencies submitted a single joint response to the AORO survey, which the OOR thanks them for. Consequently, some of the results in that survey require deeper analysis to be considered truly representative.

Also note that due to the relatively small number of responses to the requester survey, it’s difficult (perhaps impossible) to draw any broad conclusions. However, I do believe some significant and useful information can be gleaned from reviewing those results.

Thank you to everyone who took the time to answer either of the surveys. We appreciate it.

OOR 2020 Annual Training – Complete Video

/ Liz Wagenseller / Leave a comment

Open records_logo stackedThe Office of Open Records held its 2020 annual training yesterday via Zoom.

Most years, our Annual Training only includes voices from the OOR. This year, the training focused on the impact of COVID-19 on the administration of Pennsylvania’s Right-to-Know Law and Sunshine Act and we were joined by several extremely smart and knowledgeable people from outside the OOR. The complete lineup included:

  • Erik Arneson, OOR Executive Director
  • Charles Rees Brown, Esq., OOR Chief Counsel
  • Nathanael Byerly, Esq., OOR Deputy Director
  • Scott Coburn, Esq., PA State Association of Township Supervisors
  • Thomas Howell, Esq., PA Office of General Counsel Deputy General Counsel
  • Delene Lantz, Esq., OOR General Counsel
  • Melissa Melewsky, Esq., PA NewsMedia Association Media Law Counsel
  • George Spiess, OOR Chief of Outreach and Training

The complete video of the OOR’s 2020 Annual Training is available on the OOR YouTube channel (and below).

The PowerPoint presentation used during the training is available here:

OOR Annual Training – Nov. 18, 2020 (PPTX)
OOR Annual Training – Nov. 18, 2020 (PPTX)

Information about other OOR training sessions, including upcoming webinars, can be found on the OOR’s Training Calendar.

OOR Conducting Surveys About the COVID-19 Pandemic

/ Liz Wagenseller / Leave a comment

Open records_logo stackedThe Office of Open Records is conducting two surveys about the administration of the Right-to-Know Law and the Sunshine Act during the COVID-19 pandemic.

We would love to have your input.

If you are an Agency Open Records Officer (AORO), please complete this 34-question survey.

If you are a requester (e.g., member of the public, reporter, etc.), please complete this 25-question survey.

Each survey should take about 10 minutes. The deadline to complete the surveys is Monday, Nov. 16, 2020.

The survey results will be discussed at the OOR’s Annual Training on Wednesday, Nov. 18, 2020, and will also be posted here on the Open Records in Pennsylvania blog. Note that all survey responses are records under the RTKL.

Act 77 of 2020: Guidelines Published by the Office of Open Records

/ Liz Wagenseller / 2 Comments

NOTE: These guidelines are also available as a PDF.

The Coronavirus (COVID-19) pandemic has challenged public agencies across Pennsylvania to find a way to continue providing access to public records and public meetings during a time when many offices were physically closed and social distancing requirements prevented large gatherings.

Among the many lessons learned are that good communication, always essential in the Right-to-Know Law (“RTKL”) process, is even more necessary during a disaster declaration. Agencies should remember that transparency builds trust, especially in times of crisis. Likewise, requesters should consider whether a records request can wait and be made after the disaster declaration has ended. When a request is made, requesters should consider the circumstances and extend common courtesy and patience to the responding agency. Reasonableness is key. The RTKL works best as a collaborative effort rather than an adversarial process.

It is also useful to remember that the formal RTKL process is not required to request or provide access to records. Informal requests and responses can be more efficient because they come with fewer administrative requirements.

Act 77 of 2020 requires the Office of Open Records (“OOR”) to “publish guidelines for a Commonwealth agency specifying how the Commonwealth agency is required to respond to a request for records made during a disaster declaration when the Governor has ordered the Commonwealth agency to close the Commonwealth agency’s physical location.”

Those guidelines must be published “[n]o later than five days after the effective date of this section.” Accordingly, the following guidelines are hereby published by the OOR.

Continue reading →

The RTKL and the Coronavirus (COVID-19)

/ Liz Wagenseller / Leave a comment

Office of Open Records LogoThe Office of Open Records has issued the following Advisory regarding Pennsylvania’s Right-to-Know Law and the COVID-19 emergency.

Last updated August 12, 2020, at 12:08 p.m.

***

All counties are in “yellow” or “green” status pursuant to the latest guidance published by the Pennsylvania Department of Health. Accordingly, all agencies should process RTKL requests as they would under normal circumstances.

The OOR encourages both requesters and agencies to be considerate and patient while working with each other, especially during the current emergency. Good communication between agencies and requesters is always important, but that’s even more true now.

Agencies: Please remember that transparency builds trust, especially in times of crisis.

Advisory regarding RTKL requests:

As of June 5, 2020, all counties are in “yellow” or “green” status pursuant to the latest guidance published by the Pennsylvania Department of Health. Accordingly, all agencies should process RTKL requests as they would under normal circumstances.

Advisory regarding RTKL appeals:

The OOR is committed to protecting due process, ensuring that all parties have a full and fair opportunity to meaningfully participate in any RTKL appeal filed with the OOR, and ensuring a proper review of all submissions. To that end, the OOR may invoke reasonable extensions on a case-by-case basis.

Any appeal filed electronically (i.e., via the OOR’s online appeal form or via email) will be docketed as usual. Currently, the OOR is only able to receive postal mail on a limited basis. Accordingly, there may be a slight delay in docketing any appeal filed via postal mail. Such appeals will not be prejudiced as to timeliness.

Because every staff member of the OOR is working remotely, we encourage requesters and agencies to use email for all appeal submissions at this time.

As stated above, all counties in “yellow” or “green” status pursuant to the latest guidance published by the Pennsylvania Department of Health should process RTKL requests as they would under normal circumstances. This is also true for RTKL appeals.

If either the agency or requester is (or both are) unable, due to the COVID-19 emergency, to meaningfully participate in an appeal under the deadlines set by the OOR, the OOR may take additional extensions. Depending on the specific circumstances, agencies requesting an extension may be required to provide evidence demonstrating why the appeal cannot proceed as scheduled.

The OOR’s mediation process is continuing for both ongoing and new mediations. Although it may take longer to schedule mediation discussions (many of which are handled via teleconference), the OOR will continue to do so.

We appreciate everyone’s patience in this process.

***

If and when events warrant any update to this advice, it will be posted here. Agencies are also welcome to contact the OOR with any questions (using the OOR contact form is the best way to reach us at this time, as we are all working remotely).

Information about COVID-19 is available from the Pennsylvania Department of Health and the Centers for Disease Control and Prevention.

The Sunshine Act and the Coronavirus (COVID-19)

/ Liz Wagenseller / 30 Comments

Office of Open Records LogoThe Office of Open Records has issued the following Advisory regarding Pennsylvania’s Sunshine Act and the coronavirus (COVID-19).

Last updated January 7, 2021, at 9:32 a.m.

***

This advisory relates to all meetings governed by the Sunshine Act; it is not limited to emergency meetings.

As a starting point, it’s key for agencies to remember that transparency builds trust, especially in times of crisis.

Act 15 of 2020 (formerly Senate Bill 841) went into effect on April 20. (Note: The Sunshine Act still applies.)

Chapter 57, Subchapter E, of Act 15 contains provisions regarding local government agency meetings during the COVID-19 emergency. Subchapter E is temporary and its provisions are limited to the duration of the COVID-19 emergency.

Some of the key provisions include:

  • Clarifying that local government agencies are authorized to hold remote meetings during the emergency. A physical quorum (i.e., a quorum all in the same room) is not needed. However, there must be a quorum participating remotely.
  • “To the extent practicable” local government agencies must provide advance notice of all remote meetings including date, time, technology, and how the public can participate. Such notice must be posted on the agency’s website, in a newspaper of general circulation, or both. The OOR also encourages agencies to use social media, email newsletters, and any other method it has available to provide notice.
  • “To the extent practicable,” local government agencies must provide for public participation directly through the teleconferencing or videoconferencing system used to hold the meeting, via email and/or via postal mail. (Ideally, agencies will accommodate all three methods and possibly others.)
  • NOTE: “Practicable” is a much stronger word than “practical.” (Merriam-Webster defines “practicable” as “capable of being put into practice or of being done or accomplished; feasible.” In other words, unless it is actually impossible to do so, it must be done. This means that advance notice and public participation are essentially required.)
  • If an emergency meeting (i.e., a meeting called without public notice) related to COVID-19 takes places, the minutes of that emergency meeting must be made available within 20 days.

Note that the above provisions of Act 15 may not apply to school entities, and the OOR encourages school entities to consult their solicitors on this point. (See McGrath v. Board of School Directors of the City of Scranton and School District of the City of Scranton, Lackawanna County CCP No. 20 CV 3698.) This does not mean that school entities cannot hold remote meetings — they can, subject to the Sunshine Act and other relevant laws. Any school entity taking that step must provide a reasonably accessible method for the public to participate and comment pursuant to Section 710.1 of the Sunshine Act. That method should be clearly explained to the public in advance of and during the meeting.

Act 15 includes other provisions relevant to local government agencies and school entities, and the OOR encourages consultation with solicitors regarding the entire law.

In addition to the provisions of Act 15, the Office of Open Records strongly recommends that any agency holding a remote meeting record the meeting and proactively make the recording available (preferably online) so that a full and complete record of the meeting is easily accessible by the public.

To the extent that agenda items can be delayed until in-person meetings can resume, it’s a good idea to do so.

Here’s the March 6 disaster emergency declaration signed by Governor Wolf and information about the declaration.

NOTE: On June 3, Gov. Wolf extended the emergency declaration for an additional 90 days. Subsequently, the General Assembly passed HR 836 to terminate the emergency declaration. The issue is now pending before the Commonwealth Court and the Supreme Court of Pennsylvania. The view of the OOR is that the provisions of Act 15 which are limited to the duration of the COVID-19 emergency remain in effect while this case is pending in court.

The Pennsylvania District Attorneys Association has also issued guidance related to the Sunshine Act, which can be read here (PDF).

If and when events warrant any update to this advice, it will be posted here.

Agencies, solicitors, and members of the public with any questions are welcome to contact the OOR. Using the OOR contact form is the best way to reach us at this time, as we are all working remotely.

Information about the coronavirus (COVID-19) is available from the Pennsylvania Department of Health and the Centers for Disease Control and Prevention.