New advice for agencies in “yellow” phase of reopening

Pursuant to the Right-to-know law (RTKL) Advisory, the Office of Open Records (OOR) has new advice for agencies within “yellow” status counties. These agencies should continue processing RTKL requests and appeals as usual. If an appeal is negatively affected by the COVID-19 pandemic, and the agency or requestor cannot meet a required deadline, the OOR may prolong the appeal deadline. In particular, agencies located within a county transitioning into “yellow” status may need to provide evidence showing why the appeal deadline needs to be extended.

In regards to offices being closed, any day that falls within an office closure is not considered a “business day.” Therefore, it is not counted toward the five business day time limit associated with an agency’s response time to requests under the RTKL. Although an office may be closed to the public, it may not reflect a full RTKL closure of operations. All appeals will be assessed on an individual basis and measured on its merits.

If you have any questions, please contact your CGA Law Firm Municipal attorney.

Jasmine Butler, 2020 Law School Graduate

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