PSATS continues to hear of increased numbers of Right-to-Know Law requests. As a reminder, there are tools available under current law that can help address certain types of requests.  

First, townships can have a policy to only accept requests on the Office of Open Records Standard Right-to-Know Law Request Form. If a township has that policy and posts it on its website (if it has one) as well as where it posts regular notices, then a received request not on the official state form can be denied. Please note that the form was updated in 2024 and is now 2 pages long and includes a required checkbox affirming that the requester’s name and contact information is accurate and is a legal resident of the U.S. If a request is received on an outdated form, it can be rejected with instructions to put the request on the newest form. Be sure that information on websites and in open records policies directs requesters to the correct form. 

Second, the OOR recommends that agencies review their internal policies regarding the acceptance of anonymous RTKL requests. If an agency has decided not to accept anonymous requests, OOR has advised that this policy should be prominently posted on the agency’s website. The OOR’s online frequently asked questions include this one on anonymous requests: 

Q: Can I request records anonymously?  

A: Section 702 gives agencies discretion to choose if they want to provide records to anonymous requesters. The OOR encourages agencies to develop a policy explaining how it will respond to anonymous requesters and also to post that policy in a conspicuous place on the agency’s webpage. An anonymous requester must provide their legal name to file an appeal with the OOR.  

In Curry v. South Western School District, AP 2024-1311, the Office of Open Records denied an appeal of an anonymous request and ruled that the school district did not have to respond. The OOR noted that the school district highlighted FOIA Buddy’s proxy function option, promptly notified the requester of its concerns, and had a policy that anonymous requests will not be fulfilled. Several new requesters may be functioning similar to FOIA Buddy. 

If your township does not have an open records policy addressing common questions and concerns about records requests, including if the township responds to anonymous requests, requiring that the OOR’s standard form be used, and more, consider adopting one. You can click here to download the Word version of a sample policy, which can be edited for your township and adopted by motion.