Filing a request
How to file a Pennsylvania Right-to-Know Law request
A Pennsylvania Right-to-Know request is a written request for records from a local agency or a Commonwealth agency. People also call it a Pennsylvania RTKL request or a Pennsylvania open records request. This page is how to file one. It describes the ordinary steps. It is not legal advice, and it does not decide whether a particular record must be released.
Coverage
What the RTKL covers
The Right-to-Know Law covers local agencies and Commonwealth agencies. A record in the possession of those agencies is presumed to be a public record under 65 P.S. § 67.305. The agency can still withhold a record that is exempt, privileged, or protected by another law. Judicial agencies and legislative agencies follow different rules. If you are not sure the agency is covered, or the records are unusual, read when software is not enough.
Agency
Find the right open-records officer
Each agency names an open-records officer. Address the request to that officer at the agency that has the records. A township request goes to the township, not the county, unless the county is the one holding the records. Confirm the current officer and the email or mailing address with the agency before you send. A directory listing can be out of date.
Writing
Put the request in writing
The deadlines and the appeal right attach to a written request. Include your name and the address where the agency should send its response. Describe the records with enough specificity that the agency can tell which records you mean. The office, the kind of record, and a date range are the usual pieces. You do not have to say why you want them. See 65 P.S. § 67.703. A sample letter shows those parts. Change every fact before you use it.
Day 0
Send it and prove receipt
You can send the written request by email, by mail, by fax, or by hand delivery. Keep proof of sending and proof of receipt: the sent email, the mailing receipt, or a date-stamped copy. Day 0 is the day the agency receives the request. For the statutory clock, that is the day the open-records officer receives it. The five-business-day response period runs from that receipt, not from the day you saved a draft. After-hours and non-business days roll to the next business day. Record the receipt date you can prove.
Response
What happens in the next five business days
The agency has five business days to respond in writing. Weekends and Commonwealth of Pennsylvania holidays do not count. See 65 P.S. § 67.901. A response may grant the records, deny them, grant them in part, or invoke a written extension. If the deadline passes with no response, the request is deemed denied. The response clock, the extension, and the appeal window are on the RTKL deadlines page.
Open Docket
Track it in Open Docket
Open Docket stores the draft, the agency, and the dates you record, and it shows the response clock from those dates. You still send the request. You still own the dates. Start a draft or sign in when you want the file in one place. Return to the Open Docket home page for the short version of the same workflow.
Related
Disclaimer
Open Docket is a tracker and letter generator, not legal advice; SPARK LLC is not a law firm.