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
Francis Pileggi Joins Lewis Brisbois as Managing Partner of New Delaware Office
Francis Pileggi, co-editor of this blog, recently accepted an offer to be the Managing Partner of the new Delaware office of the Lewis Brisbois firm, which has over 1,500 lawyers, in over 40 practice areas of the law, in over 50 offices. I’m very excited to share this exciting next chapter in my professional career.
OOR Requires Production of Emails among Borough Manager and Council Members
Email communications among Council Members and the Borough Manager of Lewistown were required to be produced, pursuant to a recent decision from the Office of Open Records in the matter styled Maguire v. Lewistown Borough, OOR Docket No. AP 2020-0260 (April 20, 2020).
Basic Facts
The Final Determination of the OOR in this matter followed
OOR Requires Disclosure of County Tax Assessment Data
The OOR recently ordered the County of Delaware to produce data requested regarding a new county-wide property assessment, even though the preliminary valuations for purposes of determining the new property taxes were only a preliminary step in the process. In Marcavage v. County of Delaware, OOR Docket No.: AP 2020-0457 (March 30, 2020), the
Disclosure of Private Details of Dog License Holders Barred
A recent Final Determination from the Office of Open Records (“OOR”) prohibited the disclosure of the names and addresses of licensees in response to a request for dog license records in Mercer County. In the matter of Bush v. Mercer County, OOR Dkt. No. AP 2019-2211 (Dec. 30, 2019), the decision addressing the titular
Pennsylvania Constitutional Right to Privacy May Prevent Names and Home Addresses from Disclosure
Two recent Final Determinations of the OOR applied the Right to Privacy as a limitation on the Right to Know Law.
In Beatty v. Pennsylvania Department of Agriculture, OOR Dkt. No. AP 2019-2482 (Jan. 9, 2020), the Pennsylvania Constitutional Right to Privacy was applied to prevent a state agency from providing home addresses. See PA
OOR Clarifies Exemption Under RTKL for Investigative Records
A recent Final Determination from the Office of Open Records clarified the RTKL’s statutory exemption that allows a state agency to deny a request to produce records related to a noncriminal investigation.
In Aponte v. Pottstown School District, OOR Dkt. AP 2019-2055 (Dec. 30, 2019), the Requester sought records related to investigative complaints, findings
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,
Access to Public Records and Constitutional Rights
The United States Supreme Court, in McBurney v. Young, ruled that there is no federal constitutional right to public records, and the states have the discretion to limit access to public records to their own citizens. This decision and its impact on the right to obtain public records was explored in a recent article: Chad
OOR Requires PUC to Produce Records
A recent decision of the Office of Open Records (OOR) is noteworthy for the extensive analysis supporting its conclusion that the Pennsylvania Public Utility Commission (PUC) must produce a substantial number of the records requested regarding submissions to the PUC in connection with a pipeline. In Friedman v. Pennsylvania Public Utility Commission, OOR Dkt.