The Delaware County Court of Common Pleas recently affirmed a Determination of the Office of Open Records (OOR) to withhold documents that the court held were subject to the attorney/client privilege and the work-product doctrine. See Cortes v. Middletown Township, et al., 110 Delaware County Reports 35 (Jan. 25, 2023).
Brief Background Facts:
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
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
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,
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