From the Editors
Pennsylvania is better than most states when it comes to open records requests.
When a citizen is denied a request, he or she may appeal to the Pennsylvania Office of Open Records. The OOR is a quasi-judicial agency that reviews the request, reviews the government’s response, and issues a legal judgment on the merits.
If, after this ruling, the citizen is disappointed, they may still elevate the matter to court on their own behalf, but at least they’ve had the chance for an outside body to review. The OOR is incredibly successful in carrying out its mission, and we believe it does an extraordinary job of weighing the legal issues of each appeal.
Why It Matters. But once the appeals start, court fees make the process more onerous, and let the government push individuals around in a way the law doesn’t intend.
"Broad + Liberty’s reporter, Todd Shepherd, filed an RTK with the Philadelphia District Attorney’s Office back in 2021. The appeal at the OOR was in his favor. The city decided to take the matter to court.
The case has been stalled for a variety of reasons, but recently Shepherd intended to file a Motion of Nonparticipation. This motion would keep the court case going, but would signal to the court that Shepherd did not intend to appear at any hearings related to the case. In other words, Shepherd was going to let the OOR’s final determination be his legal argument, and there was nothing left for him to do but let a judge decide if the OOR was correct.
The only way Shepherd could file this motion in Philadelphia court is to pay a $67 filing fee.”
Quotable. “If a government can herd or guide a citizen into a situation in which they will face death by a thousand cuts — or perhaps better to say death by a thousand fees — then the government will start to take that choice more and more over time.
The answer here is for fees to be waived in RTK matters in which the requester was not the appellant. Or, at the very least, a citizen should be able to file a motion for nonparticipation free of charge in matters they did not instigate.”
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