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Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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.

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

Tucker Arensberg, P.C. on

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.

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

Tucker Arensberg, P.C. on

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

Tucker Arensberg, P.C. on

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 Provides Guidance as to when Requests for Emails are Insufficiently Specific

Tucker Arensberg, P.C. on

We’ve addressed whether RTKL request are sufficiently specific before, but it’s worth reexamining the issue again in the context of requests for electronic correspondence because requesters frequently make broad requests for...more

Tucker Arensberg, P.C.

Emails can be “Records” of the Agency under the RTKL – (Section 701) – Types of Records

Tucker Arensberg, P.C. on

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

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