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
noncriminal investigation exemption
OOR Clarifies Exemption Under RTKL for Investigative Records
By Francis Pileggi on
Posted in Office of Open Records Decisions
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
By Francis Pileggi on
Posted in Court Decisions
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,…