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
Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request
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
Pennsylvania Supreme Court: Open Records Officer’s Delegation of Search For Responsive Records Deemed Bad Faith; Attorneys’ Fees Awarded
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
The Pennsylvania Supreme Court held in Uniontown Newspapers, Inc. v. Pa. Dep’t of Corrections, 2020 Pa. LEXIS 6488 (Dec. 22, 2020), that a requester of documents was entitled to attorneys’ fees under 65 P.S. §67.1304 (“Section 1304”) because delegation of the search for relevant
Commonwealth Court: Boiler Law Inspections Are Not “Noncriminal Investigations” Under RTKL
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On June 9, 2020, the Commonwealth Court handed down a decision in Pennsylvania Dep’t of Labor and Industry v. Chester Darlington, No. 1583 C.D. 2019 (Pa. Commw.). The decision upheld the OOR’s Final Determination that documents relating to periodic, routine, and regular boiler inspections conducted
Pennsylvania COVID-19 Lockdown and “Life-Sustaining/Non-Life Sustaining” Business Distinction Orders Held Unconstitutional.
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On September 14, 2020, the Honorable William S. Stickman, IV of the Western District of Pennsylvania entered judgment that Governor Wolf’s “stay at home” order and the order closing “non-life-sustaining” businesses for months (“business shutdown”) are unconstitutional in County of Butler, et al. v. Thomas
Pennsylvania Supreme Court: Agency Must Apply Constitutional Balancing Test Before Producing “Personally Identifiable Information” In Response To RTKL Request
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond
On June 18, 2020, a divided Pennsylvania Supreme Court held that a school bus surveillance video was not exempt from disclosure under the RTKL in Easton Area School District v. Rudy Miller and The Express Times, Docket No. 13 MAP 2019. Although the
Pennsylvania Supreme Court: Commonwealth Court Abused Its Discretion By Taking Carey Affidavit at Face Value
The following case synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
Recently, in ACLU of Pennsylvania v. Pennsylvania State Police, No. 66 MAP 2018 (Pa., June 16, 2020), the Pennsylvania Supreme Court clarified the proper scope of appellate review of OOR determinations by holding that Commonwealth Court should have reviewed the OOR’s
Commonwealth Court Bars Disclosure Based on Exemption for Non-Criminal Investigation
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,
High-Level RTKL Seminar
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
Court Requires All Evidence To Be Presented To OOR
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