Right-to-know audit: Police question request
By KEVIN HORAN
(York) Daily Record/Sunday News
The Newberry Township Police Department fulfilled a request for a 24-hour incident log only after requiring the requester to identify his employer.
Pennsylvania's Right-to-Know law does not require requesters to identify their employer before being given access to a record, according to the Pennsylvania Newspaper Association's media law counsel.
A reporter from the York Daily Record/Sunday News asked for a log of calls the department responded to Oct. 3 as part of the Associated Press' statewide audit of public access to government records under Pennsylvania's new Right-to-Know law.
The AP instructed participating reporters to introduce themselves by name before asking for a record, but avoid wearing a press pass or other media identifier. The audit sought to gauge agencies' responses to members of the general public requesting records.
A department receptionist who fielded the request responded, "Who are you with?"
The state's Right-to-Know law does not require requesters to give information about their employer, reasons for a request or how the person intends to use the record, according to Melissa Melewsky, the Pennsylvania Newspaper Association's media law counsel.
Blotters are public information, Melewsky said in an e-mail.
The Newberry police receptionist also asked for a contact phone number and identification card.
"An agency can ask for ID, work info, phone number and reasons for request, but you are not required to answer," Melewsky said, "and you cannot be denied for failure to answer those questions."
A department receptionist may question a person's request to better position themselves to help the requester find the desired record in a timely manner, Newberry Township Police Chief John Snyder said in a follow-up interview.
The chief entered the department's lobby and questioned the reporter about why he wanted the police log.
"I'm working on a story," the reporter said.
The chief walked back into his office.
"I wanted to make sure you got everything you needed," Snyder said in the follow-up interview, adding later: "If you were looking for something in particular, I wanted to make sure you got it in one trip."
Another receptionist approached the reporter and asked for an employer-issued identification card, which he produced.
The receptionist then produced the blotter.
Participating in the audit clarified open records procedure for the department, Snyder said.
"We don't request to know why they're asking for it anymore," Snyder said. "If they want it, they get it." Later, he added: "We are here to serve the citizens. If it's a legitimate request that meets the law, we'll give it to them."
ABOUT THE LAW
Pennsylvania's Right-to-Know law, which went into effect last January, presumes that all records held by state and local agencies should be open to the public unless they meet one of 31 exceptions.
An agency must respond to a request within five business days, unless it requests an extension based on specific criteria. If a request to a local or state agency is denied, the requester can appeal the decision to the state's Office of Open Records.
An agency can charge a requester up to 25 cents per page for standard copies, but it can not charge for research or determining if a record is public.
(York) Daily Record/Sunday News
The Newberry Township Police Department fulfilled a request for a 24-hour incident log only after requiring the requester to identify his employer.
Pennsylvania's Right-to-Know law does not require requesters to identify their employer before being given access to a record, according to the Pennsylvania Newspaper Association's media law counsel.
A reporter from the York Daily Record/Sunday News asked for a log of calls the department responded to Oct. 3 as part of the Associated Press' statewide audit of public access to government records under Pennsylvania's new Right-to-Know law.
The AP instructed participating reporters to introduce themselves by name before asking for a record, but avoid wearing a press pass or other media identifier. The audit sought to gauge agencies' responses to members of the general public requesting records.
A department receptionist who fielded the request responded, "Who are you with?"
The state's Right-to-Know law does not require requesters to give information about their employer, reasons for a request or how the person intends to use the record, according to Melissa Melewsky, the Pennsylvania Newspaper Association's media law counsel.
Blotters are public information, Melewsky said in an e-mail.
The Newberry police receptionist also asked for a contact phone number and identification card.
"An agency can ask for ID, work info, phone number and reasons for request, but you are not required to answer," Melewsky said, "and you cannot be denied for failure to answer those questions."
A department receptionist may question a person's request to better position themselves to help the requester find the desired record in a timely manner, Newberry Township Police Chief John Snyder said in a follow-up interview.
The chief entered the department's lobby and questioned the reporter about why he wanted the police log.
"I'm working on a story," the reporter said.
The chief walked back into his office.
"I wanted to make sure you got everything you needed," Snyder said in the follow-up interview, adding later: "If you were looking for something in particular, I wanted to make sure you got it in one trip."
Another receptionist approached the reporter and asked for an employer-issued identification card, which he produced.
The receptionist then produced the blotter.
Participating in the audit clarified open records procedure for the department, Snyder said.
"We don't request to know why they're asking for it anymore," Snyder said. "If they want it, they get it." Later, he added: "We are here to serve the citizens. If it's a legitimate request that meets the law, we'll give it to them."
ABOUT THE LAW
Pennsylvania's Right-to-Know law, which went into effect last January, presumes that all records held by state and local agencies should be open to the public unless they meet one of 31 exceptions.
An agency must respond to a request within five business days, unless it requests an extension based on specific criteria. If a request to a local or state agency is denied, the requester can appeal the decision to the state's Office of Open Records.
An agency can charge a requester up to 25 cents per page for standard copies, but it can not charge for research or determining if a record is public.