Legal Hotline

Q: I believe the Sunshine Act may have been violated. Are there penalties for violations and if so, how do I pursue them? A:  The Sunshine Act allows for the imposition of civil and criminal penalties if a judge determines a violation occurred.  It must be noted at the outset that Sunshine Act litigation is…

Q: Can we run ads for hemp and related products like CBD supplements and food additives?  If so, are there any laws or regulations that we should consider? A: State and federal law governing hemp and CBD products is unsettled, and there are many unanswered questions about how and whether hemp and CBD products can…

Q: Many local agencies routinely take a 30-calendar-day extension to respond to Right-to-Know Law requests, even for simple, obviously public records like meeting minutes. Should they do that, and can I challenge these extensions? A:  The RTKL requires agencies to respond to requests in writing  “as promptly as possible under the circumstances  …” but not…

Q: A borough facing budget shortfalls created a committee to offer advice and investigate potential funding streams. Our reporter asked when the first committee meeting will take place, but the borough council president said that committee meetings will not be public because a quorum of borough council is not involved and no votes are taken.…

Q: We encourage our reporters to record interviews for accuracy, with interviews typically recorded over the phone or internet, and sometimes in person. Are there any legal issues associated with recording interviews? A:  Yes. Pennsylvania is a two-party consent state, and reporters must get permission to record interviews in order to comply with the state…

Q: Which rules govern public access to arrest and search warrants and their supporting documentation, like complaints and affidavits of probable cause? A: Public access to arrest and search warrants is governed by the Pennsylvania Rules of Criminal Procedure, which must be applied consistently with the constitutional and common law presumption of access that attaches…

Q: Are police dash and body camera videos public records under the Right-to-Know Law? A: No, these records are not subject to public access under the RTKL. Act 22 of 2017 removed law enforcement audio and video recordings from the  RTKL and instituted a parallel, more restrictive access framework that has resulted in significant barriers…

PNA Election Guide: Access to Polling Places, Vote Computation, and Records Q: With the primary quickly approaching, what should our reporters know about access to polling places, voter information and election records? A: Election practices vary by county, but all counties must adhere to Title 25 of the Pennsylvania Statutes, the Pennsylvania Election Code, which…

Q: Many local agencies routinely take a 30-calendar-day extension, usually for legal review, to respond to Right-to-Know Law requests, even for simple, obviously public records like meeting minutes. Should they do that, and can I challenge these extensions? A: The RTKL requires agencies to respond, in writing, to written requests for records “as promptly as…