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OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

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

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

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Office of Open Records Fully Implements E-File Portal

In the summer of 2022, the Office of Open Records (“OOR”) announced that it was moving forward with an E-File Appeal Portal. The goal was to provide a one-stop location for all records involving appeals. ...more

PA Office of Open Records Holds That Borough Cannot Fully Redact Non Responsive Entries in Legal Invoices

In Seman v. Baldwin Borough, AP 2023-00778, the Requester sought legal invoices related to a specific project. In responding to the Request, the Borough completely redacted entries in the legal invoices that were not related...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

Pennsylvania Supreme Court Holds That Communications Between Agencies And Their Consultants Are Not Exempt From Public Disclosure...

Chester Water Authority v. Pennsylvania Dept. of Community and Economic Development, 249 A.3d 1106, 1108 (Pa. 2021), reargument denied (June 17, 2021). Pennsylvania Supreme Court holds that communications between an agency...more

Pennsylvania Supreme Court Holds that Communications between Agencies and their Consultants are not Exempt under the Internal,...

Section 708(b)(10)(i)(A) of the Law, which excepts from the general requirement for disclosure of public records: A record that reflects: The internal, predecisional deliberations of an agency, its members,...more

School Districts Are Not Required To Identify Employees Who Are Subject To Discipline Unless And Until They Are Demoted Or...

Highlands School District v. Rittmeyer, — A.3d –, 2020 WL 7061810, 163 C.D. 2020 (Pa. Commw. Dec. 3, 2020). Commonwealth Court holds that school districts are not required to disclose the names of employees when issuing a...more

What Every School Board Member Should Know Before Using Social Media

As an elected school board member, you are looked to as a community leader and are expected to take a leadership role in representing your school district’s interests. In fulfilling this role, many school board members...more

Commonwealth Court holds that School Districts are not Required to Identify Employees who are Subject to Discipline Unless and...

In Highlands School District v. Rittmeyer, - A.3d -, 2020 WL 7061810, 163 C.D. 2020 (Pa. Commw. Dec. 3, 2020), the Requester submitted two RTKL requests seeking information about employees who were placed on unpaid leave,...more

OOR Holds that Police Departments Are Not Required to Disclose their Inventory of Weapons and Tactical Equipment

In Scott v West Chester Borough Police Department, AP 2020-1987, the Department denied a request for records identifying the weapons and other equipment possessed by the Department. The request sought documentation that...more

OOR Updates RTKL Fee Schedule

Section 1307 of the Right-To-Know Law requires the Office of Open Records (“OOR”) to establish a fee schedule for Commonwealth agencies and local agencies like municipalities and school districts.  On December 22, 2020, the...more

OOR Confirms that Local Agencies are not Required to Respond to Anonymous RTKL Requests

In Anonymous v. Norristown Municipality, AP 2020-2496, the Municipality received a request for records about a police officer from a Requester identified only as “E3E3” that was sent from admin@e3e3.com. The Municipality...more

OOR Continues to Hold that Names and Home Addresses Are Protected by the Constitutional Right to Privacy, but that Tax Map Parcel...

In Rosner v. Buckingham Township, AP 2020-1364 (“Rosner II”), the Township redacted residents’ names, home addresses, and tax map parcel I.D. numbers from the requested invoices setting forth charges to residents under the...more

OOR Holds that Individual Names and Addresses contained in Stormwater Management Agreements and Grant of Easement Agreements Are...

In Rosner v. Buckingham Township, AP 2020-0623 (“Rosner I”), the request sought Stormwater Management Agreements and Grant of Easement Agreements relating to certain properties within the Township. The Township redacted the...more

OOR Rules that Elected Official’s Social Media Accounts are Records of the Agency

In Schultz v. Montgomery County, AP 2020-1280, the Requester sought records related to a County Commissioner’s social media accounts, including sent and received Twitter Direct Messages and private Facebook messages, all...more

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

OOR Defines “Employment Applications”

In O’Brien v. City of Pittsburgh, AP 2019-1694, the Requester sought records regarding the employment application, including a psychological assessment conducted by the City, of an individual who was not a City police...more

OOR Announces Possible Changes to the RTKL and Sunshine Act

On July 15, 2020, the OOR stated the following in an email: Two bills related to the Right-to-Know Law and one related to the Sunshine Act have been advancing in the General Assembly. House Bill 1780 would clarify that...more

OOR Begrudgingly Recognizes the Broad Scope of Act 22

In Bradley v. Lehighton Area School District, AP 2019-2068 (Jan. 13, 2019), the OOR confirmed that the scope of videos covered by Act 22 (and, therefore, beyond the reach of the RTKL) is significantly broader than many...more

OOR Explains Duty to Provide 911 Records

In Serfass v. Northampton County, AP 2019-1664 (Nov. 7, 2019), the Requester sought 911 call records.  The County denied the Request, arguing that the responsive records were exempt Section 708(b)(18) of the RTKL, which...more

OOR Confirms that Requesters Can Seek the Same Records Twice Under the RTKL

Previously, this blog address how the Office of Open Records, in Steinheiser v. Southeastern Pennsylvania Transit Authority, AP 2019-1877 (Nov. 6, 2019), confirmed that local agencies are not required to provide original...more

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