Pennsylvania’s Right to Know Law
What is the Pennsylvania “Right to Know Law”?
The Pennsylvania Right-to-Know Law (RTKL) gives the public access to records from government agencies in Pennsylvania. WCU is a government agency. The law went into effect on January 1, 2009, and was updated in 2021. The RTKL assumes that all records are public unless there is a reason to withhold them. Reasons for withholding records include state or federal laws, judicial orders, privileges, or exceptions in the RTKL.
As a government agency, WCU is subject to Pennsylvania’s Right-To-Know Law (RTKL). WCU has a legal duty to respond to the RTKL requests within five (5) business days. As a WCU employee, it is your obligation to cooperate with these requests.
What are the Expectations of Our Office?
- A Right to Know request must be answered within five (5) business days from receipt.
- Our office will reach out to other departments at WCU for information that can be used to answer the RTK request.
- If a RTK request is received on a weekend or holiday where WCU is closed for business, the next business day would be the “receipt date”.
- If you and your contacts within WCU are unable to retrieve/give you the information you are requesting within the five (5) business days, you may request a “extension” for the following reasons:
Why is WCU Expected to Cooperate with RTKL?
Upon receipt of a written request for access to a record, an agency shall make a good faith effort to determine if the record requested is a public record, legislative record or financial record and whether the agency has possession, custody or control of the identified record, and to respond as promptly as possible under the circumstances existing at the time of the request. The time for response shall not exceed five (5) business days from the date the written request is received by the open-records officer for an agency. If the agency fails to send the response within five (5) business days of receipt of the written request for access, the written request for access shall be deemed denied.
Sections 708 and 902
Section 708. Exceptions for Public Records Section 902. Extension of Time
A. Determination. Upon receipt of a written request for access, the open-records officer for an agency shall determine if one of the following applies:
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- Section 708:
- The request for access requires redaction of a record in accordance with section 708;
- Section 902:
- The request for access requires the retrieval of a record stored in a remote location;
- A timely response to the request for access cannot be accomplished due to bona fide and specified staffing limitations;
- A legal review is necessary to determine whether the record is a record subject to access under this act;
- The requestor has not complied with the agency’s policies regarding access to records;
- The requester refuses to pay applicable fees authorized by this act; or
- The extent of nature of the request precludes a response within the required time period.
- Section 708:
Section 902. Extension of Time
B. Determination. Upon receipt of a written request for access, the open-records officer for an agency shall determine if one of the following applies:
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- Upon determination that one of the factors listed in Section 902, subsection (a) applies, the open-records officer shall send written notice to the requester within five (5) business days of the receipt of the request for access under subsection (a).
- The notice shall include a statement notifying the requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in section 902, the request for access shall be deemed denied unless the requester has agreed in writing to an extension to the date specified in the notice.
- If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the agency has not provided a response by that date.
(1) If an agency's response is a denial of a written request for access, whether in whole
or in part, the denial shall be issued in writing and shall include:
(2) A description of the record requested.
(3) The specific reasons for the denial, including a citation of supporting legal authority.
(4) The typed or printed name, title, business address, business telephone number and
signature of the open-records officer on whose authority the denial is issued.
(5) Date of the response.
(6) The procedure to appeal the denial of access under this act.
WCU’s Open Record Officer
Christine R. Siegl, Open Records Officer
AVP for Academic Contract Administration & Compliance Operations
628 South High Street, Office 202
West Chester University of Pennsylvania
West Chester, PA 19383
Fax: 610-738-0314
Email: Right-to-Know
RTK Links
- Right to Know Portal
- Right to Know Depository (For Authorized Individuals)
- Section 708 – Exceptions for Public Records
- Section 902 – Extension of Time
- Section 903 - Denial
- Right to Know SOP’s (link to document coming soon)