Erik Arneson Executive Director Indiana University of Pennsylvania

Erik Arneson, Executive Director Indiana University of Pennsylvania September 24, 2015 http: //openrecords. pa. gov @Erik. Open. Records @Open. Records. PA earneson@pa. gov (717) 346 -9903

Right-to-Know (Open Records) Law Completely rewritten in 2007 -08 • SB 1 (Pileggi) of 2007 -08, Act 3 of 2008 • All gov’t records presumed to be available § 30 exceptions in RTKL § Other laws can make records non-public • Gov’t agencies have burden of proof • Created the Office of Open Records • Pennsylvania now one of the most open states

Office of Open Records Simple for requesters & agencies • A requester denied access can appeal to OOR • No lawyer necessary for requester • OOR assigns Appeals Officer to oversee case • Both sides can present evidence & argument • OOR has 30 days to issue Final Determination

More Complicated Cases OOR can order hearings and in camera review • Some cases benefit from hearings • More cases benefit from in camera review • Only requester can grant extensions of time • OOR has held few hearings • Ordering in camera review more common • Plan to do more mediation

Appeals on the Rise 2015 could set a new record • 1, 155 appeals in 2009 (first year) • 1, 228 in 2010 • 1, 772 in 2011 • 2, 188 in 2012 • 2, 478 in 2013 • 2, 017 in 2014 • 1, 786 through 8/31/15 (on pace for 2, 679)

Who Files Appeals? In 2014, appeals were filed by… • 45. 1% average citizens • 38. 8% inmates • 8. 4% companies • 7. 2% reporters / media • 0. 5% government officials • 0. 1% members of General Assembly

What Do They Appeal? In 2014, appeals were filed against… • 829 – state agencies § 57. 3% Dept. of Corrections § 8. 0% State Police § 3. 9% Board of Probation & Parole • 1, 188 – local agencies § 23% counties § 18% school districts & charter schools § 16% cities / 16% townships / 12% boroughs

How are Appeals Decided? 2, 017 appeals filed last year (2014) • 20. 3% granted or partially granted • 10. 0% withdrawn by requester • 27. 4% dismissed (some dismissed as moot) • 28. 4% denied • 6. 0% no jurisdiction • 1. 2% consolidated • 6. 6% were pending as of 12/31/14

Photographing Public Records On Aug. 14, OOR held (Muenz v. Twp of Reserve) that requesters can photograph public records which they asked to inspect. • Good for requesters and agencies • Saves requesters money • Saves agencies time and money • Decision not appealed

MVRs: Dashcams & Bodycams In July, Commonwealth Court found (PSP v. Grove) that “video recordings of interaction between law enforcement officers and members of the public in a public place” are public records under the RTKL. Senior Judge Colins: “MVRs are at the core [of] the RTKL’s purpose of enabling the public to ‘scrutinize the actions of public officials, and make public officials accountable for their actions’. ”

Supreme Court: PSEA Case This case deals with home addresses of agency employees, specifically school employees. • Court has not scheduled hearing date • No constitutional right to privacy for home addresses; however… § What due process rights do employees have? § How about non-employees?

OOR Outreach Training • 42 training sessions held or scheduled in 2015 • Training most often for agencies, but has been and can be for requesters Website & Blog • http: //openrecords. pa. gov • http: //openrecordspa. wordpress. com

OOR Outreach Podcast • Open Records in Pennsylvania podcast available on i. Tunes § § Ep. 1: Common RTKL questions & mistakes Ep. 2: Interview w/ Senator Pileggi Ep. 3 (coming soon): Tips for requesters Ep. 4 (coming soon): Tips for agencies

Amending the RTKL Senate Bill 411 • Commercial requests • Inmate requests • Home address issue • OOR process improvements • Approved by Senate State Gov’t Cmte • Must go to Approps Cmte, then full Senate • Then through the House & to the Governor

Erik Arneson, Executive Director THANK YOU http: //openrecords. pa. gov @Erik. Open. Records @Open. Records. PA earneson@pa. gov (717) 346 -9903