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
Court Decisions
Attorney/Client Privilege Not Bar to OOR Review
By Francis Pileggi on
Posted in Court Decisions
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’…
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 …
UPDATE: District Attorney’s asset forfeiture and other financial records subject of court rulings in RTKL Appeals
By Francis Catania on
Posted in Commentary, Court Decisions
The Pennsylvania Office of Open Records has posted Cambria County Judge Krumenacker’s Opinions and Orders in the matters listed below. Click here for access:
| 2017-0050 | 06/29/2017 | DeBartola v. Cambria County District Attorney’s Office | Request sought various records relating to drug expenditures and employee information. |
| 2017-0534 | 06/22/2017 | DeBartola v. Cambria County | Request |
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District Attorney’s asset forfeiture and other financial records subject of court rulings in RTKL Appeals
By Francis Catania on
Posted in Court Decisions
“Four rulings spread across more than 100 total pages” were recently issued by Cambria County President Judge Norman A. Krumenacker III concerning RTKL requests made by Johnstown resident John DeBartola, according to a November 20, 2018 edition article in The Daily American/OurTown Johnstown. An Office of Open Records Final Determinations database search shows 24 matters…
In 2018, two Pennsylvania Courts have ordered government agencies to pay a Requester’s legal fees
By Francis Catania on
Posted in Court Decisions
In August 2018, Berks County Common Pleas Judge James M. Lillis ordered the City of Reading to pay $12,071.75 in legal fees to a requester and in October 2018, Commonwealth Court Judge Simpson ordered Pennsylvania Department of Corrections to pay $118,458.37 in legal fees to a requester. On November 26, 2018, the Pennsylvania Office of…
Commonwealth Court Applies RTK Law to Require Disclosure of Panel Member Identities
By Francis Pileggi on
Posted in Court Decisions
The Commonwealth Court recently required the disclosure, pursuant to the RTK Law, of the identity of the members of a panel reviewing applications for permits to grow, process and dispense medical marijuana in Pennsylvania, in the matter of Penna. Dept. of Health v. McKelvey, Comm. Ct., No. 1372 C.D. 2017 (Sept. 27, 2018).
Procedural…