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
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
Pursuant to Section 705 of the RTKL, when responding to a request, “an agency shall not be required to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which...more
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
Earlier posts have discussed whether the requester has submitted a valid request that: 1) uses the proper form; 2) is properly addressed to and has been received by the open records officer; 3) is sufficiently specific; and...more
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
Earlier posts have discussed whether the requester has submitted a valid request that: 1) uses the proper form; 2) is properly addressed to and has been received by the open records officer; 3) is sufficiently specific; and...more
As previously discussed, Section 703 of the RTKL requires that requests be sufficiently specific so that the agency can ascertain what records are being requested. Typically, when determining whether a request is sufficiently...more
Previously, we discussed that, to be valid, a RTKL Request must be “generally” addressed to the agency’s open records officer. In addition, we’ve briefly discussed that an agency has five business days from receipt of a...more
While Section 703 of the Right to Know Law (“RTKL”) authorizes a requester to submit a request in person, by mail, by e-mail or facsimile, the requester must generally address the request to the agency’s open records officer...more
The Open Record Officers’ Guide to the Pennsylvania RTKL - Types of Records -
Section 3 of Act 22 of 2017, 42 Pa.C.S. §§ 67A01-67A09, removed audio and video recordings made by law enforcement agencies from access under...more
As I discussed last week, when an Open Records Officer receives a RTKL Request, his or her first duty is to determine if the agency (including its employees and officers) possess any responsive records.
The difficult task...more
The objective of the Right to Know Law (“RTKL”) is to empower citizens by affording them access to information concerning the activities of their government. Further, this important open-government law is designed to promote...more
Section 1307 of the Right-to-Know Law (“RTKL”) requires that the Office of Open Records (“OOR”) establish a fee schedule for Commonwealth agencies and local agencies that establishes the fees for duplication by photocopying,...more
D.M. by Sottosanti-Mack v. Easton Area Sch. Dist., CV 17-1553, 2017 WL 6557560 (E.D. Pa. Dec. 22, 2017). District Court for the Eastern District of Pennsylvania dismisses § 1983 claim that school district violated student’s...more
B.L. by Levy v. Mahanoy Area School District (“Levy”), Case No. 3:17-CV-1734, 2017 WL 4418290 (M.D. Pa. Oct. 5, 2017). District Court for the Middle District of Pennsylvania grants cheerleader’s Motion for Preliminary...more
Butler Area School District v. Pennsylvanians for Union Reform, 1460 C.D. 2014, 2017 WL 4974552, at *1 (Pa. Cmmw. Nov. 2, 2017). The Commonwealth Court of Pennsylvania holds that addresses contained in property tax assessment...more
Property assessments in Allegheny County have been in the news for many years. While many property owners had their assessments reduced through appeals after the 2012 Countywide reassessment, there still may be opportunities...more
On Sunday, November 5, 2017, Governor Wolf allowed HB 178, the omnibus School Code bill, to become law without his signature. The bill, now Act 55 of 2017, among other things, amends Section 1337 of the School Code to...more
Davison v. Loudoun County Bd. of Supervisors, 1:16CV932 (JCC/IDD), 2017 WL 3158389 (E.D. Va. July 25, 2017). The District Court for the Eastern District of Virginia issued a declaratory judgment holding that an elected...more
Blatt v. Cabela’s Retail, Inc., No. 5:14-CV-04822, 2017 WL 2178123, at *2 (E.D. Pa. May 18, 2017). District Court for the Eastern District of Pennsylvania denies employer’s motion to dismiss failure to accommodate and...more
The District Court for the Eastern District of Virginia issued a recent decision that that should remind public officials and employees that if they have social media websites (Facebook, Twitter, etc.), the websites may be...more
The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of...more
Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more
Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more