Schnee Legal Services

10/20/2026

New Legal Insights post.

The Pennsylvania Office of Open Records released its first statewide survey of agency open records officers. Based on the responses, the OOR estimates that agencies across Pennsylvania received over 285,000 Right-to-Know requests in 2025.

Agencies reported seeing requests generated with AI tools and many requests from commercial requesters. The OOR also reports that it is now receiving over 500 appeals a month. The figure is an estimate, and earlier estimates used a different method, so it is not a precise measure of growth.

For agencies and requesters alike, the response and appeal deadlines have not changed.

Have you noticed a change in how Right-to-Know requests are handled where you live or work?

Read the full post on our Legal Insights blog.

This post is for informational purposes only and is not legal advice.

Schnee Legal Services, LLC, based in Lititz, represents individuals, municipalities, and businesses in Right-to-Know and Sunshine Act matters throughout Pennsylvania.

10/20/2026

New Legal Insights post.

In Perry v. Pennsylvania State Police (Oct. 19, 2026), the Commonwealth Court held that a State Police incident report was exempt in full under the Right-to-Know Law's criminal investigation exemption and the Criminal History Record Information Act. The requester argued that because PSP had already shared the report with an adversary in a civil case, it could not withhold it. The Court disagreed: sharing a record with someone else does not waive an exemption under the RTKL. PSP also did not have to redact the report.

The opinion is unreported, so it is not binding precedent, but it may be cited for its persuasive value. The post also covers a same-day decision on contractor personnel records.

Have you ever been told a record was off limits even though someone else already had a copy?

Read the full post on our Legal Insights blog.

This post is for informational purposes only and is not legal advice.

Schnee Legal Services, LLC, based in Lititz, represents individuals, municipalities, and businesses in Right-to-Know and Sunshine Act matters throughout Pennsylvania.

10/20/2026

Over 285,000 PA Right-to-Know Requests in 2025? OOR Survey on AI and Commercial Requests

The Office of Open Records' first statewide survey of agency open records officers estimates over 285,000 Right-to-Know requests in 2025 (the 2018 LBFC estimate of 109,000 used a different method). Agencies reported AI-generated and commercial requests, and OOR appeals now top 500 a month, while agency records remain presumed public under 65 P.S. § 67.305.

J. Chadwick Schnee, Esq., Schnee Legal Services, LLC | Right-to-Know counsel in Lititz, PA, statewide | (717) 400-5955

Attorney advertising. Not legal advice.

10/20/2026

Before you fight over exemptions, check whether you used the right form.

In Eies v. City of Philadelphia Police Department (AP 2026-3190, Oct. 14, 2026), a requester sought years of Computer-Aided Dispatch data for 911 calls. Philadelphia Police denied the request because its posted open-records policy requires the standard statewide Right-to-Know form. The Office of Open Records upheld that denial under Section 504(a): if you skip the required form, the agency can treat your submission as informal and does not have to give a full RTKL response.

Short version: form first, then argue the records.

Look up the full decision on the Office of Open Records website.

Final Determination; not binding precedent. Not legal advice. Questions about a Right-to-Know or Sunshine Act matter? Call 717.400.5955.

10/20/2026

Ever been told an agency "doesn't track" the records you asked for? That answer has to hold up.

A requester asked the York County Coroner's Office for records on unclaimed decedents since January 2024. The Office said it doesn't track that information. But its own 2024 Annual Report listed 49 unclaimed decedents, its website posts monthly county pay cremation stats, and it prepares reports when the County pays for an unclaimed decedent's cremation.

On October 20, 2026, the Office of Open Records ordered the Office to do a good faith search and either provide the records or give a sworn statement describing the search (AP 2026-3818).

Short version: if an agency publishes the number, a "no records" answer needs a real search behind it.

More decisions like this are on our Legal Insights blog.

Final Determination; not binding precedent. Not legal advice. Questions about a Right-to-Know or Sunshine Act matter? Call 717.400.5955.

Has an agency ever told you it doesn't keep something it reports on?

10/20/2026

Shared Police Report Still Exempt: Perry v. Pennsylvania State Police (Pa. Cmwlth., unreported)

Pennsylvania's Commonwealth Court, in an unreported opinion (No. 764 C.D. 2025, Oct. 19, 2026), held that the State Police did not waive the criminal investigation exemption, 65 P.S. § 67.708(b)(16), by sharing an incident report with the requester's civil adversary. The full report was exempt with no duty to redact, and its release is also barred by the Criminal History Record Information Act.

J. Chadwick Schnee, Esq., Schnee Legal Services, LLC | Right-to-Know counsel in Lititz, PA, statewide | (717) 400-5955

Attorney advertising. Not legal advice.

10/19/2026

10/19/2026

Our new weekly newsletter, PA Open Government Weekly, launched this morning. Every Monday at 10 a.m., J. Chadwick Schnee, Esq. covers Pennsylvania Right-to-Know Law and Sunshine Act news in plain English.

Issue #1 covers the Sunshine Act agenda bills facing a Nov. 30 deadline, new decisions on criminal records, vendor stays and crime victim records, and one practical tip you can use this week.

Find PA Open Government Weekly on Substack and subscribe for free.

10/19/2026

Asked an agency for records a second time and got told "you already asked"? That isn't automatically a valid denial.

In McCaffery and Plumbers Union Local 690 v. Bucks County (AP 2026-4099, Oct. 19, 2026), the Office of Open Records held that an agency can deny repeated requests only if they are truly repeated and place an unreasonable burden on the agency. One earlier request, with no proof of burden, doesn't qualify. The County has to provide the payroll records again, even though it sent them before.

The union did not get the workers' full names, because the County never had them, and agencies may redact private workers' names from certified payroll.

Short version: a second request is allowed, and "duplicative" needs proof.

Has this happened to you or your organization?

Read the decision: https://www.openrecords.pa.gov/Appeals/DocketGetFile.cfm?id=310221

Final Determination; not binding precedent. Not legal advice. Questions about a Right-to-Know or Sunshine Act matter? Call 717.400.5955.

10/19/2026

287(g) Names Redacted, Records Released: Leuba v. West York Borough Police Dept. (PA OOR)

Pennsylvania's Office of Open Records held that West York police may redact the names of officers credentialed under the federal 287(g) program, based on the Chief's credible evidence of doxxing and harassment risks. But the Department cannot withhold the records entirely and must release them with the names redacted under 65 P.S. § 67.706.

J. Chadwick Schnee, Esq., Schnee Legal Services, LLC | Right-to-Know counsel in Lititz, PA, statewide | (717) 400-5955

Attorney advertising. Not legal advice.