In the matter of Fein v. Chester County, OOR Docket No.: AP 2023-2043 (Sept. 26, 2023), the Office of Open Records (“OOR”) considered an appeal from the denial by Chester County of a request to provide unredacted copies of absentee-ballot information and mail-in ballots, files, applications for ballots and envelopes available, consistent with the
Francis Pileggi
Francis Pileggi is a partner in the firm of Lewis Brisbois, and practices primarily in the areas of corporate and commercial litigation.
Court Bars Access to Privileged Communications Under RTKL
By Francis Pileggi on
Posted in Commentary
The Delaware County Court of Common Pleas recently affirmed a Determination of the Office of Open Records (OOR) to withhold documents that the court held were subject to the attorney/client privilege and the work-product doctrine. See Cortes v. Middletown Township, et al., 110 Delaware County Reports 35 (Jan. 25, 2023).
Brief Background Facts:…
Decision Clarifies Requirements for Affidavit of RTK Officers
By Francis Pileggi on
Posted in Court Decisions
A recent decision is noteworthy for clarifying why the affidavit of a RTK Officer was not sufficient to carry the burden of the township to demonstrate an exemption based on a non-criminal investigation. In Middletown Township v. Cortes and Energy Transfer, 109 Del. Co. Rep. 1 (2021), which was published in the February 18, 2022…
Recent OOR Determination Clarifies Appeal Deadline
By Francis Pileggi on
Posted in Office of Open Records Decisions
In the recent OOR determination in the matter of Zaid v. Upland Borough, OOR Dkt. AP 2021-2961 (Dec. 29, 2021), an appeal was rejected as premature in light of not taking into account the days that the government agency was closed due to the Christmas holiday. Thus, the agency’s 5-day period to respond had…
Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request
By Francis Pileggi on
Posted in Court Decisions
The Pennsylvania Commonwealth Court recently imposed fines for the bad faith response to a right-to-know request under the PA RTK law in the case styled: California University of Pennsylvania v. Bradshaw, 1491 C.D. 2018. The court also imposed the maximum statutory penalties. This is one of only a few cases in the 12-year history…
OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL.
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 24, 2021, the OOR found that the Pennsylvania Department of Health (“DOH”) did not successfully prove that “records related to the investigation and tracking of personal protective equipment (“PPE”)” are confidential and protected from disclosure under the Disease…
OOR: Information About Officers’ Time-Off Request Protected From Disclosure Under The RTKL By The Constitutional Right of Privacy
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 4, 2021, the OOR found that a request for “the names, ranks, and badge numbers” of all SEPTA police officers who asked for time off on January 6, 2021, was protected from disclosure by the right to privacy…
OOR: Voter Registration Data Must Be Requested And Produced Under the Voter Registration Act, Not Under The RTKL
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on May 14, 2021, the OOR dismissed a RTKL Request for certain voter registration information because that information is expressly made available through the Pennsylvania Voter Registration Act; thus, its disclosure may not be sought under the RTKL. Michael Sheliga…
OOR: Records of Contractor Retained to Perform a “Governmental Function” Potentially Producible Under RTKL Section 506 (d)
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on April 15, 2021, the OOR found that a request for e-mails to and from a number of agency staff or officials involving a large number of different subject matter terms, to be insufficiently specific, and that the Pennsylvania Department…
OOR: Records of Contractor Retained to Perform a “Governmental Function” Potentially Producible Under RTKL Section 506 (d)
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On February 26, 2021, the OOR entered a Final Determination holding that responsive documents in the possession of a company hired by a Commonwealth agency to “perform a governmental function on behalf of the agency” are producible under Section 506 (d) of the RTKL. Tim…