In the matter of Jared Kofsky and ABC News v Butler Township, OOR Docket No.: AP 2024-1982 (8/29/2024), various records were requested relating to the rally on July 13, 2024, involving the shooting of Donald Trump. Butler Township was required to produce some of the requested records, but others were exempt from disclosure or
Office of Open Records Decisions
REQUEST UNDER THE RTKL DENIED WHERE THE REQUESTER DID NOT CONFIRM IDENTITY
In the matter of Frank Curry and Foiabuddy, OOR Docket No.: AP 2024-1311 (June 20, 2024), the OOR determined that the South Western School District did not have a duty to fulfill an online request seeking IT related information because the district could not confirm the requester was qualified. A “requester” is defined by…
Ammunition Bought by a Sheriff’s Office Was Not Exempt Under The RTKL
In the matter of Tom Lisi and LNP Media Group, OOR Docket No.: AP 2024-1269 (June 14, 2024), Lancaster County argued that the disclosure of the type and amount of ammunition bought by the Lancaster County Sheriff’s Office would threaten individual security and public safety under 65 P.S. § 67.708(b)(1)(ii) and 65 P.S. § 67.708(b)(2). …
Office of Open Records Makes Final Determination Requiring Disclosure
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…
Recent OOR Determination Clarifies Appeal Deadline
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…
OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL.
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
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
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)
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)
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…