P.O. Box 1041

                                                                                Pittsburgh, Pennsylvania 15230-1041 U.S.A.

                                                                                Telephone: 412-561-7876

                                                                                Electronic Mail: < gawalsh@andrewcarnegie.cc >

                                                                                Internet Web Site: < http://www.andrewcarnegie.cc >

                                                                                2009 December 15

 

Jacqui Fiske Lazo, Chairwoman

Board of Trustees

Carnegie Library of Pittsburgh

4400 Forbes Avenue

Pittsburgh, Pennsylvania 15213-4080

 

Re: Request under terms of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended].

 

Dear Ms. Lazo:

 

Several years ago, then-Carnegie Library Director Herb Elish specifically requested formal lease agreements for each library branch, between The Carnegie Library of Pittsburgh and the City of Pittsburgh. For the previous century, the Library System had operated branches in City-owned buildings, without need for such formal arrangements.

 

I, respectfully, ask that you send me a copy of the operating agreement and leases, between The Carnegie Library of Pittsburgh and the City of Pittsburgh, for the Beechview, Lawrenceville, West End, Mount Washington, Carrick, and Knoxville library branches, and the Allegheny Depository. Such documents can be sent to me by electronic mail to this address: < gawalsh@andrewcarnegie.cc >.

 

I make this request under the terms of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended]. Although the Right-to-Know Law does not apply to most 501(c)(3) non-profit organizations, the Right-to-Know Law does apply to state-funded public libraries in the Commonwealth of Pennsylvania.

 

Title 22 of the Pennsylvania Code, Section 141.21, Subsection (2), Part (i), Subpart (C) states:

 

“(C) The library shall be an integral part of general local government.”

 

The Pennsylvania Code provides that public libraries may receive public funding from the Commonwealth of Pennsylvania so long as the home municipality has declared the library in question to be their legal “agency” for providing library service to the general public.

 

In the case of The Carnegie Library of Pittsburgh, this requirement was satisfied on 1890 February 25 with the enactment into law, by the City of Pittsburgh, of Ordinance Number 240. Ordinance Number 240 of 1889-1890 accepted Andrew Carnegie’s generous offer to build libraries for Pittsburgh and officially designated these libraries as the “Carnegie Free Libraries of the City of Pittsburgh.” Ordinance Number 240 was passed by the Select and Common Councils of the City of Pittsburgh on 1890 February 24, signed into law by Pittsburgh Mayor William McCallin on 1890 February 25, and then entered into Ordinance Book 7 page 265.

 

Such designated “agencies” of municipal government are required to abide by all aspects of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended] and the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended], as are all other parts of municipal government.

 

 

 

 

 

Jacqui Fiske Lazo                 2009 December 15                                Page 2 of 2

 

 

According to a 2002 June amendment to the Pennsylvania Right-to-Know Law, which legally took effect on 2002 December 26, the response to Pennsylvania Right-to-Know Law requests, by non-Commonwealth of Pennsylvania agencies, including “agencies” of municipalities, “shall not exceed five business days from the date the written request is received.”

 

I look forward to a prompt reply to my Right-to-Know Law request.

 

Sincerely yours,

 

 

 

Glenn A. Walsh

 

gaw

 

Copy:     David Tessitor