The City of Philadelphia has adopted a policy to comply with the Commonwealth’s Act 3 of 2008, 65 P.S. §§ 67.101 et seq., commonly known as the Right-to-Know Law. With certain exceptions, members of the public have the right to inspect and/or copy public records upon written request.
Business day. Monday through Friday 8:30 AM through 5:00 PM, except those days when the City of Philadelphia, the main office of the Law Department, or the office, department, board, or commission to which a request is submitted is closed. For the purpose of this Open Records Policy, City Agencies are closed when any of the following applies:
Public Record. Any document that satisfies the general definition of “public record” set forth in the Right-to-Know Law and does not fall within any of the exceptions set forth therein, as the definition and exceptions are amended from time to time and as the definition and exceptions are interpreted by state, federal, and/or local courts.
Open Records Officer. An official or employee of the City of Philadelphia officially assigned responsibility for receiving, tracking, and responding to requests for information under the Right-to-Know Law. The City of Philadelphia may designate a Deputy or Secondary Open Records Officer to act in the absence of an Open Records Officer.
Requester. A person who requests a record under the Right-to-Know Law.
Office of Open Records. The State Office, under the Department of Economic and Community Development, as explained in §1310 of the Right-to-Know Law. The Office of Open Records shall be responsible for many duties, including (but not limited to): issuing advisory opinions; training agencies and public employees; assigning appeals officers to review decisions; and conducting a biannual review of fees allowed under the Right-to-Know Law.
Please see below for the Open Records Officer specific to each City Department, Board, Office, or Commission. If no Open Records Officer is listed, please direct the request to the Open Records Officer for the City Law Department (Office of the City Solicitor). Please indicate the City Department, Board, Office, or Commission the request seeks records from. Please note that some independently elected officials—including the District Attorney’s Office—may have their own separate and distinct policies. You should consult their respective websites for information specific to their offices, including information concerning their respective Open Records Officers.
The City Law Department is not authorized to accept Right-to-Know Requests on behalf of the Philadelphia District Attorney. The Office of the District Attorney maintains a separate Open Records Policy; requests for that office should be directed to the Open Records Officer for the Office of the District Attorney.
If you are not seeking a Public Safety Report, please direct your request to the appropriate City Open Records Officers:
City Department, Board, Office, or Commission | Open Records Officer |
Law Department, Office of the City Solicitor |
Phase I Environmental Assessments
Michael Cooke, Sr. Legislative Counsel & Chief Ethics Officer
Budget Office
Office of the Health Commissioner
Office of Transportation and Infrastructure
Office of Special Events
Office of Emergency Management
Municipal Services Building, 2nd Floor
(215) 686-6900
The Right-to-Know Law requires that the City of Philadelphia act upon each non-anonymous written request when such request is made in person, by mail, by fax, or by email. The Right-to-Know Law does not require that the City of Philadelphia act upon an oral request, and the City of Philadelphia shall refuse to accept oral requests. Furthermore, the Right-to-Know Law does not require that the City of Philadelphia act upon an anonymous request, and the City of Philadelphia will refuse to honor an anonymous request. Finally, due to IT security risks, the City of Philadelphia will not accept requests where the details of records sought are submitted exclusively via hyperlink, the nor will responsive records be uploaded to an external hyperlink (outside of phila.gov) prior to advance and express arrangements with the Law Department.
Pursuant to the Right-to-Know Law, the State Office of Open Records has created and published on its website a standard statewide form, which must be accepted by the City of Philadelphia for filing a request. (https://www.openrecords.pa.gov/RTKL/Forms.cfm).
Effective February 1, 2012, the City of Philadelphia requires the standard statewide form be used for the submission of Right-to-Know requests, and will not consider a request to be a written request pursuant to the Right-to-Know Law unless the request is submitted on or with the standard statewide form. As of February 1, 2012, the City of Philadelphia considers any request not submitted on or with the standard statewide form to be an informal request not subject to the Right-to-Know Law.[1] If a requester submits a request on or with the standard statewide form after submitting an informal request for the same (or similar) records, the City of Philadelphia will consider the informal request to have been withdrawn. The City of Philadelphia reserves the right, at its sole discretion, to require a written request pursuant to the Right-to-Know Law before releasing records. A copy of the standard statewide form appears at the end of this policy.
The Right-to-Know Law sets forth various specifications for the contents of a written request. To qualify as a written request under the Right-to-Know Law and the City of Philadelphia Open Records Policy the request must be:
Under the Right-to-Know Law, the City of Philadelphia has a duty to make a good faith effort to determine if the record(s) requested is a public record and to respond as promptly as possible under the circumstances existing at the time of the request; this time shall not exceed five business days from the date the request is received by the relevant Open Records Officer. The Law provides that either a final or interim response be provided to the requester within five business days from the date of receipt by the Department, Board, Office, or Commission. If there is no response within this five-day time period, the Open Records Request is deemed denied.
The Right-to-Know Law and the City of Philadelphia’s policy contemplates that requesters will receive a response within five business days. The Right-to-Know Law, however, does provide the City of Philadelphia with specific reasons that may be invoked to receive a single extension of time that shall not exceed 30 calendar days. If the 30 th calendar day falls on a day when the City of Philadelphia is closed, the deadline will be the following business day.
If an extension is asserted and no response is provided to the requester within the 30-day time period, the Open Records Request is deemed denied. Additionally, if the City of Philadelphia notifies the requester it needs more than the maximum 30-day extension, the request is deemed denied unless the requester has agreed in writing to an extension to the date specified in the notice. If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if a response is not provided by that date.
The City of Philadelphia’s final response to a request will:
If a request for access to a record is denied (in whole or in part) or deemed denied, the requester may file an appeal within 15 business days of the mailing date of the City of Philadelphia’s denial as follows:
Appeals of denials related to requests for records other than criminal investigative records must be directed to the Pennsylvania Office of Open Records:
Commonwealth of Pennsylvania
Office of Open Records
333 Market St., 16 th Fl
Harrisburg, PA 17101
Appeals of denials related to requests for criminal investigative records must be directed to the Philadelphia District Attorney’s Office within 15 business days of the mailing date of the City of Philadelphia’s denial. Appeals to the Philadelphia District Attorney’s Office should be directed to the following address: District Attorney’s Office, Civil Litigation Unit, Open Records Appeals Officer, Three South Penn Square, Philadelphia, PA 19107-3499.
Unless the requester agrees otherwise, the Appeals Officer shall make a final determination which shall be mailed to the requester and the City of Philadelphia within 30 days of receipt of the appeal. Should the Appeals Officer fail to issue a ruling within 30 days, the appeal is deemed denied.
Before a final determination is issued, a hearing may be held. The determination by the Appeals Officer shall be a final order. The Appeals Officer shall provide a written explanation of the reasons for the decision to the requester and the City of Philadelphia.
Within 30 days of the mailing date of the final determination of the Appeals Officer, a requester or the City of Philadelphia may file a petition for review or other document(s) as required by rule of court with the Philadelphia Court of Common Pleas.
Fees for duplication of records have been established and posted by the State Office of Open Records. The City of Philadelphia will charge fees consistent with the State Office of Open Records regulations.
The City of Philadelphia reserves the right to impose additional fees if it incurs costs for complying with a request, pursuant to the Right-to-Know Law; such additional fees, when charged, must be reasonable. This includes, but is not limited to, fees for enhanced electronic access and certified copies of documents.
The City of Philadelphia and each Open Records Officer shall retain the discretion and authority to adopt any other written policies that are consistent with the Right-to-Know Law, and these policies, as amended from time to time, that they deem to be necessary or prudent, consistent with the Right-to-Know Law.