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Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more

OOR Holds that a Draft Complaint attached to an Emails is Privileged

In Beckes v. North East School District, AP 2022-2826, the OOR determined that the attachments to two emails from the District Solicitor to the District were protected from disclosure under the attorney-client privilege and...more

Commonwealth Court Holds that the Failure to Identify a Transaction or Activity of an Agency in a Request for Records Under the...

Methacton Sch. Dist. v. Off. of Open Records of Cmmw., 250 C.D. 2021, 2021 WL 6122163, at *1 (Pa. Cmmw. Dec. 28, 2021). The Commonwealth Court of Pennsylvania holds that a request for the emails of four individuals over a...more

OOR Confirms that Records Created or Obtained through the Safe2Say Something Program are Not Public Records

In Maciejewski v. Southern Columbia Area School District, AP 2019-1094 (Sept 16, 2019), the Request sought all emails between 10 District email addresses over a 14-day time frame.  The District argued that certain responsive...more

OOR Determines that Emails from Members of the Public to an Agency are Records “of” the Agency

In Ruland v. Southern York County School District, AP 2019-0567 (Aug. 8, 2019), the OOR concluded that, in certain circumstances, emails from community members to an agency can be public records. In this case, the...more

OOR Provides Guidance as to when Requests for Emails are Insufficiently Specific

We’ve addressed whether RTKL request are sufficiently specific before, but it’s worth reexamining the issue again in the context of requests for electronic correspondence because requesters frequently make broad requests for...more

“Can I Charge Fees for That?” FAQs Regarding Permissible Fees under the RTKL

RTKL (Sections 701, 705, 901 1307 of the RTKL) – Responding to a RTKL Request. One of the most confusing issues an Open Records Officer faces is determining whether they may charge duplication costs when responding to a...more

Emails can be “Records” of the Agency under the RTKL – (Section 701) – Types of Records

As previously discussed, records in possession of a local agency are presumed public unless they are exempt under or protected by: 1) the RTKL exceptions set forth in Section 708; 2) other laws; 3) privilege; or 4) judicial...more

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