What's a public record and what's not
The Associated Press in Pennsylvania coordinated a statewide report on the public's right to know information about state and local government.
That report is being published in the Butler Eagle this week,
Here is what's a public record, what's not, in Pennsylvania:
Autopsy, coroner reports: Must be filed with prothonotary in the courthouse within 30 days of close of each year by coroner's office. Can only be withheld where officials can show that release would substantially interfere with an ongoing criminal investigation. The rules may be clarified when the Supreme Court rules on a pending case.
Bank, accounting records, financial information of agencies: Public, although certain information, such as account numbers, can be backed out. Canceled checks are public, even if in hands of third-party bank. Itemized cell phone records are public.
Bid documents: Successful bids are public records. Under the Commonwealth Procurement Code, which is applicable to state government agencies, financial statements of unsuccessful bidders are not public.
Contracts, proposals: Contracts entered into by agencies are public records. Proposals are generally not public, but may be where they form the basis for an agency decision.
Settlement agreements: Public, even when they contain "confidentiality" provisions.
Collective bargaining records: No cases, but would probably be public only after a contract is made.
Election records: Public, including election results, voter registration information, records relating to absentee ballots, and campaign finance information.
Hospital records: Not public, except for certain financial-related information submitted to the Internal Revenue Service.
Personnel information: Documents reflecting the salaries of public employees are public. Many personnel records and discipline-related documents are not public.
Police records: Police blotters and incident reports are public. Investigative exemption keeps many other police records private.
911 tapes: Not public unless they form the basis of an agency decision.
Police investigatory records: Not public, and act does not distinguish between active and closed investigatory files.
Arrest records, "rap" sheets: Public, with limited exceptions.
Victim related: Victim-related information in court records is public unless the court has ordered the record sealed. Investigatory, personal security and reputations exceptions could come into play.
Confessions, confidential informants: Information contained in court records is presumptively public, unless the court has issued a sealing order. Investigatory exception could come into play.
Police techniques, policies: Some public but others not public because they fall under investigatory and personal security exceptions.
Prison, probation, parole records: Applications filed with the Board of Pardons are public, as are statements by the board explaining its reason for granting or denying parole. Certain prison-related documents are public, including inmate listings. Documents relating to the health of individual inmates are not public.
Real estate appraisals, negotiations: Appraisals done for properties bought by an agency are public. Property assessments for taxing purposes are public. Documents that relate to pre-purchase negotiations are not public before a decision is made.
Birth, death records: Not public unless requester has direct interest in its content.Sources: Pennsylvania Newspaper Association; "Tapping Officials' Secrets," the Reporters Committee for Freedom of the Press, 2001, Samuel E. Klein and Robert C. Clothier.