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:

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,