A recent decision from the Office of Open Records relied on the right to privacy in the Pennsylvania Constitution, as opposed to an exemption in the RTKL, as a basis to prevent the disclosure of certain personal information. In Petusky v. Girardville Area Municipal Authority, OOR Docket No. AP 2019-0931 (Aug. 26, 2019), the
Office of Open Records Decisions
Term “Individual” Under RTKL Does Not Include a “Corporation”
By Francis Pileggi on
Posted in Office of Open Records Decisions
The Commonwealth Court recently decided an issue of first impression and ruled that the term “individual” in Section 708(b)(13) of the RTKL does not include “corporations.” In the case styled, California University of Pennsylvania v. Bradshaw, 210 A.3d 1134 (Pa. Cmwlth. May 31, 2019), the court upheld a final determination by the Office of Open…
School Board Must Disclose Text Messages Among Members at Meeting
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the Office of Open Records is notable for requiring disclosure of text messages among school board members sent during a school board meeting. In Hassler v. Tulpehocken Area School District, OOR Dkt. No. AP 2019-0455 (July 18, 2019), the Appeals Officer explained that whether the text exchange related to an agenda…
OOR Explains Duty of Agency to Search in Good Faith for Requested Records
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the PA Office of Open Records (OOR) is noteworthy for its explanation of the good faith duty of agencies to search for responsive records. The case of Brady v. Borough of Wernersville, OOR, Docket No.: AP 2019-0453 (May 22, 2019), granted an appeal from the denial of requested documents by…
Appeals of Records Requests to Legislature Not Heard by OOR
By Francis Pileggi on
Posted in Office of Open Records Decisions
A noteworthy recent decision involves a demand for records submitted to the Pennsylvania House of Representatives. That request was denied and the Requester appealed to the Office of Open Records (OOR).
The OOR in Monighan v. Pennsylvania House of Representatives, OOR, Docket No.: AP 2019-0585 (April 18, 2019), explained that pursuant to the RTKL,…
Right of Privacy Limits Request for Records of Public Employees
By Francis Pileggi on
Posted in Office of Open Records Decisions
A recent decision by the PA Office of Open Records is notable because of its reliance on the right to privacy contained in the Pennsylvania Constitution to prevent the requesting party from obtaining records that might otherwise be obtainable based on the Right to Know Law. See Feliciano v. Philadelphia District Attorney’s Office, PA OOR, …
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…
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…
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…
When Generic doesn’t work …
By Francis Catania on
Posted in Office of Open Records Decisions
While an AORO’s Attestation Affidavit can be sufficient proof of a thorough search and a complete response, Affidavits that contain “a generic determination or conclusory statements are not sufficient to justify the exemption of public records.” Jeffrey Krug v. Bloomsburg University of Pennsylvania, Final Determination No. AP 2018-1599, Pa. O.O.R.D. November 21, 2018. In…