The Commonwealth Court recently instructed that all evidence supporting one’s RTKL arguments must be presented to the Office of Open Records, and appellants cannot supplement the record with additional evidence on appeal. In Mission Pennsylvania, LLC v. McKelvey, et al., (Cmwlth. Ct. June 4, 2019), the court addressed requests for copies of applications submitted to
Francis Pileggi
Francis Pileggi is a partner in the firm of Eckert Seamans Cherin & Mellott, LLC, and practices primarily in the areas of corporate and commercial litigation. Visit Francis' biography page on his firm's website for more information.
OOR Explains Duty of Agency to Search in Good Faith for Requested Records
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the PA Office of Open Records (OOR) is noteworthy for its explanation of the good faith duty of agencies to search for responsive records. The case of Brady v. Borough of Wernersville, OOR, Docket No.: AP 2019-0453 (May 22, 2019), granted an appeal from the denial of requested documents by…
Commonwealth Court Interprets Internal Deliberation Exception to RTKL
By Francis Pileggi on
Posted in Court Decisions
Pennsylvania’s Commonwealth Court recently addressed an issue of first impression regarding the exception under the RTKL for information shared between an agency and an entity with whom the agency contracts that is “internal to the agency” for purposes of qualifying for the “internal, predecisional deliberations” exception of a state agency, pursuant to Section 708(b)(10)(i) of …
Appeals of Records Requests to Legislature Not Heard by OOR
By Francis Pileggi on
Posted in Office of Open Records Decisions
A noteworthy recent decision involves a demand for records submitted to the Pennsylvania House of Representatives. That request was denied and the Requester appealed to the Office of Open Records (OOR).
The OOR in Monighan v. Pennsylvania House of Representatives, OOR, Docket No.: AP 2019-0585 (April 18, 2019), explained that pursuant to the RTKL,…
Right of Privacy Limits Request for Records of Public Employees
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the PA Office of Open Records is notable because of its reliance on the right to privacy contained in the Pennsylvania Constitution to prevent the requesting party from obtaining records that might otherwise be obtainable based on the Right to Know Law. See Feliciano v. Philadelphia District Attorney’s Office, PA OOR, …
Attorney/Client Privilege Not Bar to OOR Review
By Francis Pileggi on
Posted in Court Decisions
In County of Berks v. Pennsylvania Office of Open Records, 2019 WL 1076828 (Pa. Cmwlth. Ct. Jan. 3, 2019), the court explained that it is well established that OOR and its appeals officers have authority to order an in camera review of documents that have been withheld or redacted where, in the appeals’ officers’…
Attorney-Client Privilege Bars Request for Government Records
By Francis Pileggi on
Posted in Office of Open Records Decisions
The Office of Open Records (“OOR”) recently issued a decision in which it denied a request for unredacted invoices of an attorney for a school district based on the attorney-client privilege. In the matter of Campbell v. Pennsbury School District, PA OOR, Docket No.: AP 2018-2171 (Feb. 14, 2019), the OOR upheld a decision of…
Commonwealth Court Grants Attorneys’ Fees Under RTKL in Enforcement Action
By Francis Pileggi on
Posted in Court Decisions
In an apparent issue of first impression, the Commonwealth Court granted attorneys’ fees in connection with an enforcement action under the RTKL. In Uniontown Newspapers Inc. v. Pennsylvania Department of Corrections, 197 A.3d 825 (Pa. Cmwlth. 2018), the court granted attorneys’ fees to a newspaper in connection with fees incurred to enforce a decision…
Commonwealth Court: OOR Has Authority for In Camera Review Sua Sponte
By Francis Pileggi on
Posted in Court Decisions
A recent Commonwealth Court decision held that the OOR may conduct an in camera review of records sua sponte even if none of the parties before it makes such a request. The court found that the Pennsylvania RTKL gave the ORR and its appeals officers the authority to conduct such a review. See County of …
Commonwealth Court Rejects Confidentiality Exception
By Francis Pileggi on
Posted in Court Decisions
A recent decision of the Commonwealth Court of Pennsylvania upheld a determination by the Office of Open Records, and concluded that neither the Pennsylvania Department of Health nor the private company involved had established that the withheld records were exempt as confidential proprietary information under Section 708(b)(11) of the RTKL. See Broomall Operating Company, LP …