Legal Hotline

Q:A reader called to complain about a contractor ad that appeared in our paper and on our website. The ad did not contain a contractor registration number, and the reader was unhappy with the work performed. Does my news organization have liability for ads that do not contain a contractor registration number, and what should…

Q: On Monday, I asked a school district for copies of records that will be discussed during the regular public meeting scheduled for Friday. They told me to file a Right-to-Know request, and when I did, their response was to invoke the 30-day extension. The meeting will be long over by the time the RTKL…

Q: A local agency requires citizens to notify the agency 48 hours in advance and get permission if they plan to record public meetings. The policy also threatens criminal sanctions under the Pennsylvania Wiretap Act if a citizen records a public meeting without permission.  Is that consistent with the law? A: No, the Sunshine Act…

Q: Many local agencies routinely take a 30-calendar-day extension to respond to Right-to-Know Law (RTKL) requests, usually citing the need for legal review or due to staffing limitations, even for simple, obviously public records like meeting minutes and agendas. Should they do that, and can I challenge these extensions? A: It is important to understand…

Q: I filed a Right-to-Know request asking to inspect records. I want to look at the records to help me decide which are most relevant, and to reduce copy fees. The agency granted my request but is charging redaction and hourly staff time fees for an employee to watch over me while I review the…

Q: A local agency prohibits members of the public from raising an objection about Sunshine Act compliance during public meetings and restricts objections to the public comment portion of the meeting. Is that OK? A: No. This is not consistent with the rights enshrined in the Sunshine Act, which, among other things, expressly provides for…

Q: I want to review a private criminal complaint, but the magisterial district judge (MDJ) is telling me I can’t have a copy until the district attorney approves it. When do private criminal complaints become public records? A: The timing of public access depends on which agency holds the record, but private criminal complaints are…

Q: What are the rules when using collegiate team names, logos, and NCAA trademarks like “March Madness” and “Final Four” in advertising? A:  Advertisers cannot use team, individual or National Collegiate Athletic Association trademarked terms, phrases, or logos without permission. The NCAA has registered several terms, phrases and logos with the United States Patent and…

Q: Are settlement agreements involving public agencies considered public records? Can an agency rely upon a confidentiality clause in a settlement agreement to deny access?  A:  Settlement agreements between public agencies and third parties are public records, and the Pennsylvania appellate courts have consistently held that confidentiality clauses in these agreements are not enforceable.  Under…