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 records. Can they do that?
A: Staff time fees are not generally permissible under the Right-to-Know Law. Redaction fees are also not permitted unless the agency must make paper copies to redact nonpublic information prior to inspection. In that case, the agency can impose a copy fee for the pages that had to be printed to be redacted.
The Office of Open Records is statutorily charged with setting the fee schedule for local and commonwealth agencies under the RTKL. The OOR clearly states in the fee limitation section of the fee schedule that “[A]n agency may not charge staff time or salary for complying with a RTK request.” This aspect of the schedule is consistent with appellate court case law holding staff time fees are generally not permissible under the law. See State Emples. Ret. Sys. v. Office of Open Records, 10 A.3d 358 (Pa. Cmwlth. 2010). The RTKL does not permit agencies to impose an hourly staff time fee for requesters inspecting records.
Similarly, the RTKL does not permit agencies to impose fees for redaction unless the agency must print records to redact them. If redaction requires printed copies, the agency may charge copy fees as permitted under the law. The OOR has set the fee for black-and-white paper copies at a maximum of 25 cents per page for the first 1,000 pages and up to 20 cents per page for additional copies.
If the records in this case require redaction that can only be accomplished by printing a paper copy, the agency can impose a 25-cent, per-page fee for black-and-white copies. If, after inspecting the records, the requester chooses to obtain the printed copies, no additional fee may be charged. It is important to note that only those pages that must be printed to be redacted can result in fees. Any records that do not require printing and redaction cannot be included in the redaction fee calculation.
Finally, requesters should also note that the imposition of fees and all redactions can be appealed to the appropriate RTKL appeal office, which is most commonly the OOR.
As always, this is not intended to be, nor should it be construed as, legal advice. Please contact the PNA Legal Hotline at (717) 703-3080 with questions or for more specific guidance.