Today’s posting in our “Exemptions, Explained” blog is another of the so-called security-related exemptions: Section 708(b)(2).  Appeals Officer Blake Eilers wrote the legal analysis in this post. This exemption, which was cited in 802 of the OOR’s final determinations as of May 22, 2023, goes hand-in-hand with the exemption discussed in our last post, Section 708(b)(1)(ii).   This exemption is often cited by agencies in denying access to records related to correctional facilities, law enforcement policies, and agency surveillance cameras. Section 708(b)(2) protects information ..read more

When responding to a request, a school district must inquire with school board members regarding whether they have used personal email accounts for district business and whether those personal email accounts contain records responsive to the request. 2023-0289 Recommendations regarding renewal liquor license renewals made by a hearing examiner to the PA Liquor Control Board constitute an internal, predecisional and deliberative record that may be withheld.  2023-0605 The name, manner, and cause of death of a minor killed in an automobile accident is a public record. 2023-0530 A county fai ..read more

Today we begin a new series of posts called, “Exemptions, Explained”. Under the Right-to-Know Law (“RTKL”), thirty categories of records are exempt from mandated access.  These categories are outlined in Section 708(b) of the statute; each blog post will explore the presumed impetus behind the exemption, the types of records for which the exemption is often cited, and the court cases that have clarified legal use of the exemption. Case law addressing each of the RTKL’s exemptions can be found on the OOR’s website at:  https://www.openrecords.pa.gov/Documents/RTKL/RTKL_Case_Index.pdf ..read more

When filing an appeal, the requestor must include the agency’s response to the original Right-to-Know request. 2023-0252 An agency meets its burden of providing access to public records when it provides a weblink to the responsive records. 2023-0262 Employment applications for an individual who is not hired by an agency are exempt from public access, even when the requester seeks records related to his own application. 2022-2830 An agency failed to justify the costs it charged for duplication and mailing of a granted records request. 2022-2774 Agencies are not required to provide copies of age ..read more

Some records related to an investigation of alleged elder abuse are exempt under the Older Adult Protective Service Act. 2022-2868 The Office of Open Records does not have jurisdiction over appeals of unemployment compensation benefits decisions.  2023-0108 Some libraries are considered a local government agency (2022-2541) while others are not (2022-2853). A police department failed to establish that it does not possess records related to the mileage of cars in its fleet. 2022-2583 The agency failed to prove that aggregate number of medical marijuana certifications issued by practitioner ..read more

Section 1307 of the Right-To-Know Law requires the Office of Open Records to establish a fee schedule for Commonwealth agencies and local agencies. Section 1310 of the RTKL requires the OOR to review that fee schedule every other year. Duplication fees charged under the RTKL must be reasonable and based on “prevailing fees for comparable duplication services provided by local business entities.” On December 30, 2022, the OOR completed a review of the OOR Fee Schedule based on a regional review of pricing information gathered from a random sampling of local businesses that p ..read more

A government agency must prove that redactions in legal invoices consist of an attorney’s conclusions, legal theories, legal research or opinions. 2022-2709 Proposals related to a canceled bidding process are public records even if those proposals were never formally rejected.  2022-2521 An agency is only required to provide records in the manner in which the currently exist, and not necessarily in the manner preferred by the requester. 2022-2169 An employee’s union affiliation is protected by the constitutional right to freedom of association. 2022-2291 ..read more

A list of 9th graders enrolled at Central High broken down by middle school attended is protected by FERPA. 2022-2258 Granted request for data on collisions in the Delaware River as agency failed to prove records are internal/predecisional deliberations, noncriminal investigative records, or subject to a federal confidentiality statute. 2022-1985 A county consortium for school district health insurance proved that it is not an agency under the RTKL. 2022-2279 Engineering and architectural drawings may not be photographed if they are protected by the Federal Copyright Act. 2022-2347 ..read more

During the summer, we shared the exciting news that the OOR is moving forward with our E-File Appeal Portal, with the goal of having all Right-to-Know Law (RTKL) appeals processed through the E-File Portal by spring of 2023.  Use of the E-File Portal will provide a one-stop location for all records involving all appeals, ending the cumbersome practice of individuals keeping track of numerous documents and contact information. On August 1, 2022, we began Phase 1, of the three-phase process, by electronically processing all appeals involving Commonwealth agencies under the Governor’s jurisd ..read more

Thanks to the nearly 300 people who logged on to watch the training live. Lots of great questions. Watch for the first time (or again) by clicking the links below. Video PowerPoint ..read more