News & Analysis as of

Open Records State and Local Government

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Houston Harbaugh, P.C.

Understanding the Right to Know Law and Why Certain Documents May be Protected

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You may notice water being diverted from a neighboring property onto your property. Or, perhaps you have concerns that the property located above yours seems to be shifting, and you fear a landslide....more

Reveal

Practical Solutions To Public Records Request Challenges

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When it comes to data and records management functions at government agencies, recent years have been trying times. A number of concerning trends have continued to be a factor, such as the growth of the data generated by...more

Tucker Arensberg, P.C.

What Every School Board Member Should Know Before Using Social Media

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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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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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

Genova Burns LLC

Smile, You're on Camera

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Governor Murphy recently signed two bills governing the use of body worn camera (BWC) by law enforcement officers in New Jersey. Although many law enforcement agencies already use BWC, these bills mandate use by most...more

Tucker Arensberg, P.C.

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

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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

Genova Burns LLC

Police Discipline Record Release: Upheld but Temporarily Stayed

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The Superior Court of New Jersey, Appellate Division recently issued a unanimous decision upholding Directive 2020-5 and Directive 2020-6 amending the New Jersey Attorney General’s Internal Affairs Policy & Procedures...more

Tucker Arensberg, P.C.

OOR Rules that Police Investigative Report is Exempt in its Entirety

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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

Tucker Arensberg, P.C.

OOR Announces Possible Changes to the RTKL and Sunshine Act

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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

Lathrop GPM

No Choice in the Matter – Recent Victory for Lathrop GPM Client to Have Significant Impact on Government Disclosure of...

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In March, Lathrop GPM published a Litigation Alert: Tell Me More – Compliance with Open Records Laws Amidst the Coronavirus, which discussed the impact of the coronavirus (COVID-19) outbreak on public records requests. That...more

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C.

OOR Explains Duty to Provide 911 Records

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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

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C.

OOR Confirms that Agencies are Not Required to Provide Original Documents When Responding to RTKL Request

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In Steinheiser v. Southeastern Pennsylvania Transit Authority, AP 2019-1877 (Nov. 6, 2019), the Requester sought the business card of SEPTA’s Open Records Officer.  In response, SEPTA provided a scanned copy of the card. ...more

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

OOR Confirms that Requests for “Updates” are Not Proper Under the RTKL

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In Frederick v. Caln Township Police Department, AP 2019-1059 (Aug. 1, 2019), the requester sought an update on his case against another individual by submitting a RTKL request to the police department (“Department”). ...more

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

OOR Determines that Records Submitted to the OOR are not Records “of” the OOR

In Friedman v. Pennsylvania Office of Open Records, AP 2019-1182 (Aug. 28, 2019), the Office of Open Records (“OOR”) discussed whether all records delivered to and in the possession of an agency are records “of” that agency...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes Test to Determine Whether Volunteer Fire Companies are Subject to the RTKL

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An entity must be a Commonwealth agency, a local agency, a judicial agency or a legislative agency to be subject to the RTKL. 65 P.S. § 67.302.  In Pysher v. Clinton Township Vol. Fire Co., 1237 C.D. 2017, 2019 WL 2017782, at...more

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