What PA Residents Need to Know About the Right-to-Know Law

Contact us for legal help with Pennsylvania's Right to Know Law. We serve Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

The Municipal Law Attorneys at Bingaman Hess offer a full range of legal services, including issues with the Right-to-Know Law.

The Pennsylvania Right-to-Know Law (RTKL) is meant to guarantee that the public has access to public records of government agencies in Pennsylvania. For example, if you want to know how much your municipality paid for snow removal, see the minutes from a recent public meeting, or read emails relating to a township's business, the RTKL provides a process to request the information and helps ensure the information is given to you.

Government Agencies Under the RTKL

Agencies subject to the RTKL include but are not limited to:

Commonwealth Agencies, such as the Governor, the Attorney General, and the Auditor General
Local Agencies, such as regional or municipal authorities, councils, or boards
Legislative Agencies, such as the Senate and the House of Representatives

Records Under the RTKL

The Office of Open Records (OOR) defines a record as "any information regardless of its physical form or character that documents a transaction or activity of an agency AND is created, received, or retained pursuant to law OR in connection with a transaction, business or activity of an agency."

These records could be in multiple forms including emails, text messages, letters, maps, photographs or recordings.

Exceptions to the RTKL

To protect certain information, the RTKL contains exceptions – records that an agency can withhold under certain circumstances.

Some of those exceptions include the following:

Social Security numbers
Personal financial or medical information
Identity of confidential informants
Minor's name, home address, and date of birth
DNA and RNA records
Library circulation information

Before 2009, the burden of proof was on the person requesting the record. They had to establish why a record should be made public. The current RTKL puts the burden of proof on the agency. They have to prove why they are entitled to withhold any record.

How to File an RTKL Request

Here is the process to request a record from an agency:

Determine which agency to ask or which agency is most likely to have the records you are interested in. The OOR provides a list of commonly misdirected requests to help you determine the right agency.
Find the Agency Open Records Officer (AORO). Every agency is required to appoint one person to address all RTKL requests. You can find that information here.
Prepare and submit the request. The OOR has a standard request form that all agencies are required to accept. Your request can be emailed, faxed, sent by USPS, or delivered in person. Make your request as specific as possible, and always retain a copy of all requests and correspondence.

The agency has five business days to respond in writing. The agency may grant or deny the request or invoke a 30 calendar day extension (available under certain circumstances).

If an agency denies your request or does not respond in the required time, the request is considered denied, or the agency may provide a document with redacted information. Redactions are considered denials, which can be appealed.

How to File an Appeal

If an agency refuses your request or fails to respond within the required timeframe, you can file an appeal with the OOR (unless it is the Attorney General, Auditor General, or Treasurer, which has its own appeals officer). The appeal must be submitted within 15 business days of the mailing date of the agency's response through the OOR's online appeal form.

There is an OOR Mediation Program – an informal mediation program designed to resolve RTKL disputes – which can save time and money. It is a voluntary process intended to help parties reach a mutually agreeable resolution on records disputes.

The appeals officer has 30 days to issue their final determination, which is binding. If you disagree with the decision, you may file an appeal with the appropriate court.

How Can a Municipal Law Attorney Help?

Bingaman Hess's Municipal Law Attorneys offer a full range of legal services, including issues surrounding the Right-to-Know Laws. We can answer questions, help you through the process from the initial request to any appeals, and represent you if the appeal goes to court.

Give us a call at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.