Christopher Voltz on Exemptions

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

3/12/2024 / Document Review , Email , Exemptions , Open Records , Public Records , Right To Know , State and Local Government

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...more

11/14/2023 / Exemptions , Investigations , Libraries , Open Records , Public Records , Redaction , Right To Know , School Districts

OOR Rules that Police Investigative Report is Exempt in its Entirety

In Weik v. Pennsylvania State Police, AP 2020-1139 (October 6, 2020), the Requester sought records related to a fatal police shooting. The State Police identified a responsive Incident Report, but denied the request, arguing,...more

10/27/2020 / Criminal Investigations , Exemptions , Law Enforcement , Open Records , Records Request , Right To Know , State and Local Government

Court Quashes Civil Subpoena for Investigative Information Pursuant to Criminal History Record Information Act (“CHRIA”)

In an important decision for all law enforcement agencies, the Court of Common Pleas of Allegheny County quashed a civil subpoena directed to a local police department. The subpoena sought a toxicology report that the...more

11/5/2019 / Criminal Investigations , Criminal Records , Exemptions , Law Enforcement , Motions to Quash , Public Disclosure , Right To Know , Rules of Civil Procedure , Search Warrant , Subpoenas

Commonwealth Confirms that the Donor Exemption only Applies to Natural Persons and Not Corporations

In California U. of Pennsylvania v. Bradshaw, 1491 C.D. 2018, 2019 WL 2305947, (Pa. Cmmw. May 31, 2019), the Commonwealth Court affirmed the Office of Open Records’ conclusion that “only the identities of natural persons are...more

6/24/2019 / Corporate Entities , Disclosure Requirements , Donations , Exemptions , Natural Person Requirement , Open Records , Request For Information , Right To Know , Universities

Agencies Must Prove that the Release of Security Footage will Endanger Public Safety and the Physical Security of a Building ...

When responding to RTKL requests, Open Records Officers biggest concern is inadvertently disclosing information that could put people in danger. While such records are generally exempt from disclosure, it is the agency’s...more

4/17/2019 / Administrative Procedure , Exemptions , Open Records , Public Agencies , Public Safety , Right To Know , Video Recordings

Not All Information Contained in an Agency Employee’s File is Public Record.

Under the RTKL (Sections 708(b)(12), 708(b)(17), Attorney-Client Privilege/Attorney-Work Product Doctrine) – Responding to Requests. Requesters, instead of seeking specific records, occasionally ask for a collection of...more

4/10/2019 / Attorney-Client Privilege , Exemptions , Open Records , Public Employees , Public Officials , Right To Know , Work-Product Doctrine

Christopher Voltz

Tucker Arensberg, P.C.

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