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 >

                                                                                2003 December 15


Mr. Ellsworth Brown, President

The Carnegie Library of Pittsburgh

4400 Forbes Avenue

Pittsburgh, Pennsylvania 15213-4080


Re: SECOND 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 Ellsworth:


On November 19 I sent you a letter [copy attached] with requests 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] and under the terms of the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended]. According to the certified mail card that was returned to me, these requests were received by your office on November 20.


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.”


As I indicated in my first letter, State-funded public libraries are considered agencies of municipal government according to Title 22 of the Pennsylvania Code, Section 141.21, Subsection (2), Part (i), Subpart (C). My first letter continues, by emphasizing, that this interpretation of State law is affirmed by the Pennsylvania Department of Education, Office of Commonwealth Libraries, in their book A Handbook For Public Library Trustees, Fourth Edition, March 1993 (Reprinted September 1998), Page 38.


Now, I recognize that the Thanksgiving holidays would have extended the legal time limit granted, for response to an official request through the Right-to-Know Law. Hence, I have waited additional time for the reply to my Right-to-Know Law requests. As of today, I received no reply to my Right-to-Know Law requests.


Hence, I am sending this SECOND REQUEST directly to you.


The Right-to-Know Law requests that I mailed to you on November 19 are repeated, following:


According to an article in the Pittsburgh Tribune-Review on September 22, Carnegie Library Director Herb Elish indicated that the decision, regarding the proposed move of the Hazelwood Branch Library, to a smaller second-floor rental unit, would be made by The Carnegie Library Board of Trustees. If the Board of Trustees has officially rendered a decision on this matter, and the lease for the proposed new library site has been executed (as reported in the November 5 issue of the Pittsburgh Post-Gazette), then please send me:

1)  A copy of the minutes of the Board meeting where the decision was rendered;

2)  A copy of the executed lease agreement.






Mr. Ellsworth Brown                           2003 December 15                                Page 2 of 2



At this time, I would add five more Right-to-Know Law requests:


1)       Please send me the date, time, and location for the next meeting of the Board of Trustees of The Carnegie Library of Pittsburgh, as well as the schedule of Library Board meetings for calendar year 2004, if this is available.

2)       Please send me the name of the general circulation newspaper(s) which will be used by The Carnegie Library of Pittsburgh to legally advertise the date, time, and location of Library Board meetings. Please indicate whether these legal notices will be advertised on a meeting-by-meeting basis or on an annual basis.

3)       Please indicate the exact location, in The Carnegie Library of Pittsburgh Main Branch, where notices, of the date, time, and location of Library Board meetings, will be posted.

4)       The proposed moving of certain branch libraries was outlined in, what I understand to be, a “strategic planning document.” Please send me a copy of this “strategic planning document.”

5)       Please send me the following statistical information regarding the Hazelwood Branch Library, for each of the last ten years:

a)       Annual circulation;

b)       Annual registering of new library patrons;

c)       Annual table count of books [used in the library but not checked-out];

d)       Annual use of the 250-seat auditorium.


Title 22 of the Pennsylvania Code makes it quite clear that all State-funded public libraries must comply with the same legal requirements as municipalities. It is my hope that The Carnegie Library of Pittsburgh understands the importance of voluntarily complying with the Pennsylvania Right-to-Know Law and Pennsylvania Sunshine Act.


Sincerely yours,




Glenn A. Walsh




Attachment:          November 19 letter to Ellsworth Brown, President, The Carnegie Library of Pittsburgh


Copy:                     Members, Council of the City of Pittsburgh

                                Tom Murphy, Mayor, City of Pittsburgh

                                Tom Flaherty, City Controller, City of Pittsburgh

                                Members, Board of Directors, Allegheny Regional Asset District

                                David Donahoe, Executive Director, Allegheny Regional Asset District

                                Senator Jim Ferlo, Pennsylvania General Assembly

                                Representative John A. Maher, Pennsylvania General Assembly

                                News Media in Pittsburgh and Vicinity