In the matter of Jared Kofsky and ABC News v Butler Township, OOR Docket No.: AP 2024-1982 (8/29/2024), various records were requested relating to the rally on July 13, 2024, involving the shooting of Donald Trump. Butler Township was required to produce some of the requested records, but others were exempt from disclosure or
PA Right to Know Law Blog
Providing highlights and insights about the PA Right to Know Law and decisions of the Office of Open Records as well as court opinions
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REQUEST UNDER THE RTKL DENIED WHERE THE REQUESTER DID NOT CONFIRM IDENTITY
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…
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). To…
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 access…
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:
This case…
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…
Recent OOR Determination Clarifies Appeal Deadline
In the recent OOR determination in the matter of Zaid v. Upland Borough, OOR Dkt. AP 2021-2961 (Dec. 29, 2021), an appeal was rejected as premature in light of not taking into account the days that the government agency was closed due to the Christmas holiday. Thus, the agency’s 5-day period to respond had not…
Commonwealth Court Imposes Fines for Bad Faith Response to PA RTKL Request
The Pennsylvania Commonwealth Court recently imposed fines for the bad faith response to a right-to-know request under the PA RTK law in the case styled: California University of Pennsylvania v. Bradshaw, 1491 C.D. 2018. The court also imposed the maximum statutory penalties. This is one of only a few cases in the 12-year history of…
OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL.
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 24, 2021, the OOR found that the Pennsylvania Department of Health (“DOH”) did not successfully prove that “records related to the investigation and tracking of personal protective equipment (“PPE”)” are confidential and protected from disclosure under the Disease…
OOR: Information About Officers’ Time-Off Request Protected From Disclosure Under The RTKL By The Constitutional Right of Privacy
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 4, 2021, the OOR found that a request for “the names, ranks, and badge numbers” of all SEPTA police officers who asked for time off on January 6, 2021, was protected from disclosure by the right to privacy…