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
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 Requires PUC to Produce Records
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision of the Office of Open Records (OOR) is noteworthy for the extensive analysis supporting its conclusion that the Pennsylvania Public Utility Commission (PUC) must produce a substantial number of the records requested regarding submissions to the PUC in connection with a pipeline. In Friedman v. Pennsylvania Public Utility Commission, OOR Dkt.…
OOR Relies on Right of Privacy in Pennsylvania Constitution to Prevent Disclosure
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision from the Office of Open Records relied on the right to privacy in the Pennsylvania Constitution, as opposed to an exemption in the RTKL, as a basis to prevent the disclosure of certain personal information. In Petusky v. Girardville Area Municipal Authority, OOR Docket No. AP 2019-0931 (Aug. 26, 2019), the…
Term “Individual” Under RTKL Does Not Include a “Corporation”
By Francis Pileggi on
Posted in Office of Open Records Decisions
The Commonwealth Court recently decided an issue of first impression and ruled that the term “individual” in Section 708(b)(13) of the RTKL does not include “corporations.” In the case styled, California University of Pennsylvania v. Bradshaw, 210 A.3d 1134 (Pa. Cmwlth. May 31, 2019), the court upheld a final determination by the Office of Open…
High-Level RTKL Seminar
By Francis Pileggi on
Posted in Court Decisions
For readers interested in learning more about the nuances and substantive aspects of the PA Right-To-Know-Law (RTKL), the Office of Open Records (OOR) is hosting a seminar featuring several luminaries in the world of the PA RTKL. Details are below.
Among the titans in this field who will be presenting at this event, are Terry…
School Board Must Disclose Text Messages Among Members at Meeting
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the Office of Open Records is notable for requiring disclosure of text messages among school board members sent during a school board meeting. In Hassler v. Tulpehocken Area School District, OOR Dkt. No. AP 2019-0455 (July 18, 2019), the Appeals Officer explained that whether the text exchange related to an agenda…
Court Requires All Evidence To Be Presented To OOR
By Francis Pileggi on
Posted in Court Decisions
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 …
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,…