Francis Pileggi is a partner in the firm of Lewis Brisbois, and practices primarily in the areas of corporate and commercial litigation.

Email communications among Council Members and the Borough Manager of Lewistown were required to be produced, pursuant to a recent decision from the Office of Open Records in the matter styled Maguire v. Lewistown Borough, OOR Docket No. AP 2020-0260 (April 20, 2020).

Basic Facts

The Final Determination of the OOR in this matter followed

Two recent Final Determinations of the OOR applied the Right to Privacy as a limitation on the Right to Know Law.

In Beatty v. Pennsylvania Department of Agriculture, OOR Dkt. No. AP 2019-2482 (Jan. 9, 2020), the Pennsylvania Constitutional Right to Privacy was applied to prevent a state agency from providing home addresses. See PA

A recent Final Determination from the Office of Open Records clarified the RTKL’s statutory exemption that allows a state agency to deny a request to produce records related to a noncriminal investigation.

In Aponte v. Pottstown School District, OOR Dkt. AP 2019-2055 (Dec. 30, 2019), the Requester sought records related to investigative complaints, findings

The Pennsylvania Commonwealth Court recently reversed an OOR decision based on a finding that the statutory exception under RTKL Section 708(b)(17)(i) applies to exempt from disclosure a non-criminal investigation, including the complaint submitted to the agency. In Pennsylvania Liquor Control Board v. Perretta, 2019 WL 6114465 (Pa. Cmwlth Ct., Nov. 18, 2019), the court,

The United States Supreme Court, in McBurney v. Young, ruled that there is no federal constitutional right to public records, and the states have the discretion to limit access to public records to their own citizens.  This decision and its impact on the right to obtain public records was explored in a recent article:  Chad