On February 18, the Commonwealth Court determined that the Right to Know Law is so procedurally flawed that it violates the rights of individuals to participate when a record containing their home address is requested. Therefore, the Court now requires notice to individuals when such records are requested, and a full opportunity for them to be heard.
The Very Short Version of the Facts
This case started in 2009. At that time, requests were being made throughout the state for public school employees’ home addresses. The Pennsylvania Association of School Retirees petitioned the Commonwealth Court for a judgment, pursuant to the Declaratory Judgments Act, that the home addresses are exempt from disclosure. The parties have engaged in various appeals and motions before the appellate courts.
Meanwhile, the Commonwealth Court issued an injunction against releasing home addresses of public school employees pending the decision that has now been issued.
Right To Know Law Lacks Sufficient Due Process Protections
The RTKL does not allow individuals to participate in fashioning a response to a request, or to influence an agency’s decision when a requested record will include disclosure of personal information.
Further, an individual cannot appeal if an agency decides to disclose that information. Only if the agency denies the request can the individual request to intervene. Even then, the Office of Open Records is not required to allow the individual to actively participate in the appeal process.
The Commonwealth Court determined that the complete lack of opportunity for individuals affected by such disclosures to shield their personal information from disclosure violates individual rights to due process. In addition, this state of affairs allows the disclosure of personal information despite the clear exemption from disclosure contained in the RTKL when personal security is at risk. The RTKL does not have any avenue for affected individuals to assert the reasons that a disclosure would present personal security concerns.
The decision applies directly to records requests from school districts. However, the procedural deficits in the law apply to all agencies subject to the RTKL.
The Bottom Line
School districts are now obligated to determine whether responsive records will include a disclosure of home addresses. If so, notice must be made to the affected individuals about the request.
It is likely that the Commonwealth Court decision will be appealed, and also that an injunction prohibiting disclosure of home addresses may be reinstated. Nonetheless, soon after this decision was issued, a request for home addresses of school employees was made. School districts that receive a records request from which home addresses may be disclosed should contact their solicitors to ensure appropriate procedural steps are followed. At least in the short run, consultation with a solicitor may be wise to ensure that notices are sent in appropriate cases.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
