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
PA Right to Know Law
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…
Court Bars Access to Privileged Communications Under RTKL
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:…
Decision Clarifies Requirements for Affidavit of RTK Officers
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…
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…
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,…
Attorney-Client Privilege Bars Request for Government Records
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…