News & Analysis as of

Right To Know Open Records

Tucker Arensberg, P.C.

Office of Open Records Holds That Certain Records of a Booster Group Are Not Records of the School District

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Lowry v. Rose Tree Media School District, AP 2024-2478 (Dec. 5, 2024). The Office of Open Records holds that registration forms for a cross-country meet that was organized and run by a booster group on school district...more

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

Fox Rothschild LLP

PA Office of Open Records Affirms Human Relations Commission Investigations Are Not Subject to Public Disclosure

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The Pennsylvania Office of Open Records (OOR) has determined that investigations of alleged discrimination by the Pennsylvania Human Relations Commission (PHRC) are “noncriminal investigations,” and that associated records...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.

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

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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

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

Tucker Arensberg, P.C.

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

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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

Houston Harbaugh, P.C.

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

Houston Harbaugh, P.C. on

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

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

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

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.

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

Tucker Arensberg, P.C. on

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

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 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

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

Tucker Arensberg, P.C. on

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

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 Defines “Employment Applications”

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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

Tucker Arensberg, P.C.

OOR Announces Possible Changes to the RTKL and Sunshine Act

Tucker Arensberg, P.C. on

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

Holland & Knight LLP

Pennsylvania Supreme Court Addresses Nexus Between Educational Privacy, State Open Records Laws

Holland & Knight LLP on

More than 50 years ago, Justice Michael Musmanno, speaking for the Pennsylvania Supreme Court, eloquently expounded on the importance of the right to privacy in the Commonwealth of Pennsylvania: The greatest joy that can be...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

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