Jun 16, 2022 3 min read

CHARLEROI – An abundance of right-to-know requests for borough documents has prompted Charleroi to explore ways to limit those requests.

“First and foremost, we want to be 100% transparent and, obviously, comply with any requests,” borough manager Matt Staniszewski said. “I definitely believe in an open-door policy. At the same time, we want to be mindful of providing the best service delivery to our taxpayers, while balancing these requests. At times when those are excessive, it does put a strain on our staff. There have been numerous repetitive requests both by elected officials and specific members of the public.”

Staniszewski said the borough already has received more right-to-know requests this year than it typically receives in a calendar year.

However, Melissa Melewski, legal counsel for the Pennsylvania NewsMedia Association, said governmental agencies cannot create a policy limiting those requests.

“Filing a right-to-know request is petitioning your government under the First Amendment,” she said. “It is protected speech. In order to limit or regulate or prohibit, it would have to meet constitutional scrutiny. At the local level, that’s not happening. Local agencies can’t enact a policy that limits an individual’s right to petition their government under the Right-to-Know Law.”

Melewski did say that in the past 12 years, there have been a handful of cases in which local agencies have taken specific requesters to court to limit what requesters can do from a Right-to-Know Law perspective.

“Those decisions have laid in the hands of the courts, because it is such a significant thing,” she said. “Even in those rare circumstances, the courts are very hesitant to put a limit on the ability to petition one’s government for information.”

Pennsylvania’s Right-to-Know Law entitles the public and media to obtain most records from public agencies in the state within five days of a request. Unless otherwise provided by law, a public record, legislative record or financial record must be accessible for inspection and duplication.

According to the Pennsylvania Office of Open Records, an agency cannot limit the number of records that may be requested or made available for inspection or duplication.

The law also states that requesters should use good judgment in seeking agency records. The law should not be used to harass or overburden an agency.

Also, Section 506 of the Right-to-Know Law allows an agency to deny repeated requests for the same records by the same person.

Each governmental agency must designate an open records officer to handle requests. In Charleroi, Staniszewski is now handling those requests. Borough secretary Roberta Doerfler fulfilled that role until June 8, when council decided to give the job to the new manager.

Staniszewski said he has been consulting with officials from the city of Lower Burrell, a municipality with experience in the area.

In 2020, a Plum man made 27 right-to-know requests to Lower Burrell in three months.

Staniszewski said he also is working with solicitor Sean Logue to develop a policy that would be voted on by council.