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’
Francis Pileggi
Francis Pileggi is a partner in the firm of Lewis Brisbois, and practices primarily in the areas of corporate and commercial litigation.
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 …
RTK Law Limits Access to Government Computers
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the Pennsylvania Office of Open Records (OOR) clarified that a requester is not entitled to access to government computers in order to review data. Cap v. Lehigh and Northampton Transportation Authority, O.O.R. Docket No.: AP 2018-2059 (Dec. 21, 2018). But a later decision involving the same requester did allow…
A How-To-Guide for PA RTK Law Requests
By Francis Pileggi on
Posted in Commentary
A recent article provides a how-to-guide for those who seek to obtain records pursuant to the PA Right to Know Law, with links to the OOR website. The topics include:
- The agency to whom the request should be submitted;
- The form of the written request;
- How to send it;
- Timetables involved;
- Appeal procedures.
Statutory Exceptions to RTK Law: Data Not Subject to Disclosure
By Francis Pileggi on
Posted in Office of Open Records Decisions
We highlight on these pages many decisions that describe the right to obtain records under the RTK Law, but it remains helpful to be aware of enumerated exclusions in the RTK Law that prevent one from obtaining certain documents.
For example, in the recent Final Determination by the Office of Open Records in the matter…
Welcome to the PA Right to Know Law Blog
By Francis Pileggi on
Posted in Commentary
The purpose of this new blog is to inform lawyers, business managers, educators, concerned citizens, journalists, and government officials about the legislation passed in 2008 by the Pennsylvania Legislature known as the Pennsylvania Right to Know Law, a/k/a PA Open Records Law. We will provide interpretations and applications of that law in court opinions and…
PA Office of Open Records (OOR)
By Francis Pileggi on
Posted in Commentary
For anyone interested in knowing more about the PA Right to Know Law (RTK Law), the first step should be the website of the PA Office of Open Records (OOR). The website of the OOR has a wealth of information, such as links to:
(i) the text and legislative history of the PA RTK…