Q: I submitted an RTKL request to a local agency’s RTKL officer on Monday morning via email, but didn’t get a response until Friday, when she “acknowledged receipt” of my request via reply email.  The reply also said the RTKL time calculation begins on Friday rather than the day I emailed my request. Is that right?

A: The Right-to-Know Law’s five-business day response time provision has been interpreted by the Pennsylvania Supreme Court to start when the agency’s RTKL officer actually receives the request, thus the time calculation should be based on the date the RTKL was submitted to the RTKL officer’s email address. 

Section 901 of the Right to Know Law (RTKL) requires agencies to respond, in writing, to written requests for access “as promptly as possible under the circumstances, but not to exceed five business days.” In Office of the Governor v. Donahue, the Supreme Court of Pennsylvania decided a case in which an RTKL request was emailed to an agency generally, not sent directly to the designated RTKL officer. Because of internal processing and administrative delays, the request was not actually received by the RTKL officer until 5 days after submission, at which time the agency responded.  

The Court was called upon to decide whether section 901’s response requirements and time limits begin to run when any agency employee receives the request or when the agency’s designated RTKL officer receives the request. Based on its interpretation of the plain language of section 901, the Court decided the response requirements and time limits do not being to run until the agency’s designated RTKL officer actually receives the request. 

This holding is problematic because contact information for an agency’s designated RTKL officer is not always available or correct. Section 502 of the RTKL requires agencies to designate a specific employee to receive RTKL requests, and section 504 requires agencies to make the RTKL officer’s contact information available in its office and on its website. The OOR is also tasked with maintaining a list of all registered RTKL officers and publishing the list on its website. Despite these clear statutory requirements, it is not unusual to find an agency’s RTKL officer contact information missing, incorrect or incomplete.

Requesters who submit to anyone other than the designated RTKL officer have no way to determine when a request is received by the agency’s RTKL officer, making it difficult, if not impossible, to determine the start date for time calculation purposes, and without that knowledge, requesters cannot determine when a request is deemed denied based on an agency’s failure to respond within the time limits imposed by law. Moreover, agencies’ internal mail processing and administrative procedures surrounding RTKL requests can result in significant delays, and there is no provision in the RTKL that requires agencies to alert requesters to these delays. 

As a result, PNA advises journalists to email RTKL requests directly to an agency’s designated RTKL officer whenever possible, and to confirm the identity and contact information of that officer before sending the request.

As always, this is not intended to be, nor should it be construed as, legal advice.  Please contact your news organization’s attorney or the PNA Legal Hotline at (717) 703-3080 with questions.