Posted in Office of Open Records Decisions This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond. Office of Open Records final determinations. To subscribe, just head over to the OOR website and fill out this simple form. The Pennsylvania Office of Open Records is a governmental agency in Pennsylvania that administers the Pennsylvania Right to Know Law.. (i) A brief recital of the facts up to disposition by the open-records … Appeals should be sent to: Office of Open Records Commonwealth Keystone Building 400 North St., 4th Floor Harrisburg, PA 17120-0225 (2) Procedural history. The RTKL Roundtable is the first event of its kind — a half-day session of panels and speakers filled with topics specifically of interest to people who use the RTKL as requesters. (6*9)in Journal. 120 Pages. Paperback. Matte Cover. (6*9)in. The Pennsylvania Interscholastic Athletic Association falls under the … Found inside – Page 22-22... shall forward the determination and entire record as follows and notify the parties accordingly ; ( 1 ) If the offeror is not a small business concern , to the DOL , Administrator of the Wage and Hour Division , for a final ... Fax: (717) 425-5343 E-mail: openrecords@pa.gov. If the request is denied, the written request shall be maintained for 30 days or, if an appeal is filed, until a final determination is issued or the appeal is deemed denied. PETTITION FOR REVIEW of FINAL DETERMINATION OF OFFICE OF OPEN RECORDS OF THE PENNSYLVANIA RIGHT TO KNOW LAW, 65 Pa.C.S. During the appeal, the Department provided the requester with records responsive to the second item. The OOR’s Final Determination in Hockeimer v. City of Harrisburg (Docket No. The final determination will consist of the following: (1) Title. §§ 67.503(a), 67.1101, 67.1102. (Final Determination) of the Pennsylvania Office of Open Records (OOR), dated November 20, 2019, which granted, in part, and denied, in part, an appeal filed … Identification of the requester. of a final determination of the Office of Open Records (OOR). The Pennsylvania State Police (PSP) appeals from the final determination of the Office of Open Records (OOR) granting the appeal of John P. George … F ees Determined by the Office of Open Records Under the RTKL, the Office of Open Records has the authority to establish two fees for commonwealth agencies: Duplication, 65 P.S. A list of all users who have been blocked from the Butler City Police Department Facebook page. Pennsylvania’s Right-to-Know Law gives county District Attorneys the responsibility of appointing an … Under section 1102(a)(4) of the law, the appeals officer will issue a final determination. If you deal with Pennsylvania’s RTKL on a regular basis, or you’re interested in Pennsylvania government transparency generally, I think it’s a must-read. Ted Czech (Requester) appeals from the order of the Court of Common Pleas of York County (trial court) reversing the final determination of the Pennsylvania … AP 2019-2211 (Dec. 30, … To subscribe, just head over to the OOR website and fill out this simple form. Jim Lockwood, a reporter for the Times-Tribune, requested video from surveillance cameras in Scranton City Hall. 65 P.S. FOOTNOTES. Found insideContains an overview discussion of the Freedom of Information Act's (FOIA) exemptions, its law enforcement record exclusions, and its most important procedural aspects. 2009 edition. Issued biennially. No. required to provide all responsive records within thirty days. Posted in Office of Open Records Decisions. §§ 67.101-67.3104. Providing an accessible analysis, this book will be important to public health policy-makers and practitioners, business and community leaders, health advocates, educators and journalists. What happens if I disagree with the Pennsylvania Office of Open Records’ final determination? ( Log Out / : AP 2015-1793) held that: “In the instant matter, it is clear that the requested records exist independently of any grand jury investigation. If the request is denied, the written request shall be maintained for 30 days or, if an appeal is filed, until a final determination is issued or the appeal is … § 67.1310. : AP 2019-0279), was issued yesterday. ), Under federal case law, “information does not become a matter occurring before a grand jury simply by being presented to the grand jury, particularly where it was developed independently of the grand jury.” Further, “it has been well-established in this Circuit for over 14 years that if documents exist independently of the grand jury process, they are not matters occurring before the grand jury for purposes of Rule 6(e).” (Federal Rule of Criminal Procedure 6(e) deals with the secrecy of grand jury proceedings.) “[T]he City of Scranton does not quarrel that it had a mandatory duty under the [RTKL] to preserve the videotape requested and it further acknowledges its failure to do so. (g) Final determination. The order for which review is being sought is the OOR’s Final Determination in Bagwell v. Pennsylvania Department of Education, which bears OOR docket number 2012-1355, is dated September 13, 2012, and is attached hereto. Found inside – Page 5The Senators claimed , and the Office of General Counsel Cmwlth . 1994 ) ( citing Pennsylvania Ass'n v . ... the Court Department and was public record ) ; Patients of Philadelphia State Hosnoted that its decisions in Sapp Roofing and ... The Customs modernization provisions has fundamentally altered the process by shifting to the importer the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise.Chapters cover entry ... The decision, which came after an appeal of the Office of Open Records’ final determination in Lockwood v. City of Scranton (OOR Dkt. A list of all personnel who operate the Butler City Police Department Facebook page, including full name, salary, and date of hire. review of a final determination of the Pennsylvania Office of Open Records (Open Records), which granted an appeal filed by Justin McShane (Requester). 4. Today's date: _____ _ specific. FACTUAL BACKGROUND On July 14, 2015, the Request was filed, seeking: 1. The donor exception of Section 708(b)(13) protects the identity of individuals acting as private citizens to make contributions to their government, not to the acts, decisions or policies of public officials. Reading that email each … Judge James A. Gibbons of Lackawanna County has ordered the City of Scranton to pay $3,484 in legal fees to the Scranton Times-Tribune, finding that the agency had not preserved records requested under the Right-to-Know Law. , Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting ... Found inside – Page 53Discussed Act 3 of 2008 , the Right - to - Know Law , and recent Office of Open Records final determinations granting broad access to e - mails from personal accounts , the release of some information on W - 2 forms , and application of ... the agency” are presumptively public records subject to public access, “so long as the record (a) directly relates to the governmental function and (b) is not exempt … NOTES [1] Act of February 14, 2008, P.L. "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso. Michael Moore (Moore) petitions pro se for review of a final determination of the Office of Open Records (OOR) granting in part and denying in part his request for … Records Officer's decision with the Office of Open Records, which office, on November 10, 2015, issued a Final Determination transferring the appeal to this Office. How do I go about getting that info? These are consolidated appeals from two decisions of the Court of Common Pleas of Allegheny County (trial court) reversing final determinations of the Office of Open Records (OOR) under the Right-to-Know Law (RTKL) 1 that had ordered the Municipality of Mt. 4 2 factor in public school teachers’ performance ratings, which ratings are exempt from disclosure under the RTKL and the School Code and shielded by the Pennsylvania Constitution. Commonwealth Keystone Building . This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond. Fees Determined by the Office of Open Records. h. Open Records Exceptions Office. ( Log Out / It sounds like the best place for you to start would be submitting a request to Fayette County: https://www.fayettecountypa.org/368/Open-Records. You can also choose whether or not you want to subscribe to our occasional, more general newsletter about issues related to the RTKL, the Sunshine Act, and government transparency. request to the "Open Records Officer" in the District Office of Pennsylvania State Senator Dominic Pileggi. ( Log Out / 2010). Requester … Upon appeal, the Office of Open Records (OOR) granted the appeal in part and denied it in part. review of a final determination by the Office of Open Records (OOR) is de novo. Fees Determined by the Office of Open Records. Under the RTKL, the Office of Open Records has the authority to establish two fees for Commonwealth agencies: Duplication, 65 P.S. Under section 1102(a)(4) of the RTKL, the Appeals Officer will issue a final determination. This Final Determination is binding on all parties. Reading that email each morning is a great way — probably the best way — to keep up to date on what issues are being decided in Right-to-Know Law appeals and how those issues are being decided. For the foregoing reasons, the "Appeal of Final Determination of Off ice of Open Records" filed by the Weatherly Area School District is granted, the Final … Found inside – Page 19513Co. , 134 Pa . 237 ( 1890 ) , enforce by mandamus an order of the Green , J .; s . c . 26 W. N. C. 26 , 7 Lanc . ... been refused access visors to open a road as directed by an order of the to the records of the controller's office for ... It’s taking place in Harrisburg on Sept. 5, 2019, starting at 1 p.m. East Stroudsburg University Foundation (Foundation) has filed a petition for review from the final determination of the Office of Open Records (OOR) granting in … Found inside – Page 208... for the public interest and the convenience and necessity of the parties , the pa pants , or their representatives . ... record . ( d ) Oral hearings are normally open to the public . However , the hearing official may close all or ... Use the Freedom of Information Act (FOIA) and the Privacy Act to obtain records from the federal government. 2004) as … Open Records Office’s denial or deemed denial of the Requester's Open Records Request. This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. D. The regular business hours of OB’s RTKL Office are Monday through Friday, 8:30 AM to 5:00 PM local time in Harrisburg, Pennsylvania, except for those days on which OB is closed due to a state holiday or at the direction of the Governor. Requests Public records will be available for inspection and copying at the Township office during normal business hours, Monday through Friday, 9AM to 12PM, with the exception of holidays. On Friday, Oct. 4, the Office of Open Records issued a final determination in a case dealing (mostly) with medical marijuana permit applications. If the request is denied, the written request shall be maintained for 30 days or, if an appeal is filed, until a final determination is issued or the appeal is deemed denied. Dying in America is a study of the current state of health care for persons of all ages who are nearing the end of life. Death is not a strictly medical event. Found inside – Page 665... questions of law involved in the trial : but he shall not have a vote on the final determination of the case . ... The select committee shall have power to send for persons , papers and records , and to compel the attendance of and ... Office of Open Records . Here’s a sample of what the email looks like: I would like the public record(s) for all foreclosures in Fayette County from 2015 thru 2019, plus what the pending tax amount is for 2019. Found inside – Page 44Time for appeal The appeal must be filed within 30 days of the mailing date of the final determination of the appeals ... the appeals officer and the Office of Open Records must be served notice of the appeal and be provided with an ... f. ... conduct hearings, as appropriate, and issue final determinations resolving those Exceptions. MTLSD wants the Allegheny County Court of Common Pleas to reverse the OOR Final Determination for the following reason: The Department provided the screenshots, but also said in its filing that “it is outside [the OOR’s] authority to direct [the Department] to compile records that are not maintained in the ordinary course of business.” See 65 P.S. Each morning, Tuesday through Saturday, the Office of Open Records sends an email summarizing every Final Determination issued the prior day. Office of Open Records final determinations. Phone 717-346-9903. This site uses Akismet to reduce spam. Workers' Compensation administrative decisions. All posts made by users to the Butler City Police Department and Butler City K9 Fundraiser Facebook pages between Feb. 6, 2016, and Feb. 12, 2016. If a requester disagrees with the Office of Open Records’ … 2 New Draft Sample Forms for Public Comment, NEWS RELEASE: Office of Open Records Releases Report on Right-To-Know Law Information Posted on Government Agency Websites, NEWS RELEASE: Office of Open Records Applauds New Law on Meeting Agendas, Presentation to PA State Association of Boroughs. Email. , 45 A.3d 1029, 1041 (Pa. 2012). Subscribe. 8 The requester then can appeal the OOR’s determination to the applicable court. Until now, there has been no effort to provide a central location where all of those decisions can be found. During the course of the appeal before the OOR, the city did not present any evidence. § 67.1307 (e). Found inside – Page 1658West Chester University of Pennsylvania v. Schackner, 124 A.3d 382 (Pa. Commw. Ct. 2015), involved a challenge to an order from the Pennsylvania Office of Open Records (OOR) to disclose records about a public university's proposed ... Change ), You are commenting using your Google account. Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. We believe this new page will be a tremendous resource for agencies, requesters, and District Attorney appeals officers. OOR granted Robert Clofine’s (Clofine) appeal from DPW’s partial denial of his request for records under … Change ), You are commenting using your Facebook account. Found inside – Page 5321ASSEMBLY ( ii ) The House of Representatives . CAPITOL PRESERVATION COMMITTEE ( iii ) The Bureau . [ 101 PA . ... This chapter is adopted and promulgated under section Office of Open Records — The Office of Open Records established ... Posted in Office of Open Records Decisions. The Requester appealed to the Office of Open Records (“OOR”). 2009. OOR to Post … Found inside – Page 143Coordination of referral of requests with DA FOIA / PA Office should be made telephonically in order to respond to the ... A final response determination is notification to the requester that the records are released or partially ... And, “The mere fact that a particular document is reviewed by a grand jury does not convert it into a ‘matter occurring before a grand jury’ within the meaning of Rule 6(e).”. 1638 C.D. This differs … The Pennsylvania State Police (PSP) petitions this Court for review of the Final Determination by the Office of Open Records (OOR) to grant the appeal of Donald R. Gilliland (Requester) from the PSP's denial of his request for an incident report (Incident Report) under the Right-to-Know Law (RTKL). Office_ of Open Records, Final Determination… In one recent case, Davis v. City of Butler Police Department, the requester sought the following social media records (the request has been lightly edited for clarity): The OOR found that the Police Department demonstrated that no responsive records exist regarding the first item. The Pennsylvania State Police (PSP) petitions this Court for review of the Final Determination by the Office of Open Records (OOR) to grant the appeal of … Pennsylvania Office of Open Records shall make a final determination regarding the Requestor’s appeal within 30 days of the date of the Requestor’s letter of … The city denied the request, stating that the videos were exempt under Section 708(b)(16) of the RTKL, the criminal investigative exemption. The appeal was granted in part and denied in part. Hours. 4. According to a report on Pennlive.com, the City “will appeal the Office of Open Records ruling with the Dauphin County Court of Common Pleas.”, OOR to Post Final Determinations from District Attorneys, The RTKL & the SCOTUS Food Marketing Institute Decision, Food Marketing Institute v. Argus Leader Media, Judge: Agency Had a “Mandatory Duty” to Preserve Records, Get a Daily Digest of All OOR Final Determinations, head over to the OOR website and fill out this simple form, Washington County CCP Rules in Holding Cell Camera Case, ruled that California Borough must release video from a holding cell, Final Determination issued by the OOR in June 2016, Davis v. City of Butler Police Department, NEWS RELEASE: Office of Open Records Releases Report on Right-To-Know Law Information Posted on Government Agency Websites, NEWS RELEASE: Office of Open Records Applauds New Law on Meeting Agendas, Presentation to PA State Association of Boroughs. Commonwealth of Pennsylvania, Office of Open Records, th Floor, 333 Market Street, 16 Harrisburg, PA 17101-2234. 4 of OOR determinations involving Commonwealth agencies such as PSP. Dates of coverage vary, so remember to check those when running a search, particularly if you are looking for older materials. All parties raise arguments as to the proper standard of review for this Court to apply when reviewing … A recent Final Determination from the Office of Open Records (“OOR”) prohibited the disclosure of the names and addresses of licensees in response to a request for dog license records in Mercer County. Use this search tool to locate a Docket and OOR documents related to that Docket. Found inside – Page 22Pennsylvania. Office of the Attorney General. ( In re Marriage License Docket No. 2 , 4 Pa . Dist . Rep . 284 ) ; the other , that a public record is accessible to all ( In re Marriage License Docket , 4 Pa . Dist . Rep . 162 ) . On Friday, Oct. 4, the Office of Open Records issued a final determination in a case dealing (mostly) with medical marijuana permit applications. Key Takeaways: 6. G. Business Hours — The department has regular business hours from 8:30 a.m. to 4:00 p.m. on business days at its Open Records Office in Room 234 of the Health and Welfare Building. As to the third item, the OOR directed the Department to provide a screenshot of its Facebook page indicating whether any banned users were listed. With regard to how the reviewing court should review that determination, in Bowling v. Office of Open Records, ___ A.2d ___, 926 C.D. Found inside – Page 24These matters were introduced into evidence in open court . It then behooved appellant to refute these facts or to produce evidence which softens their impact . He cannot take the position that the lack of final determinations by the ... What will happen after I file an appeal with the Pennsylvania Office of Open Records? OFFICE OF OPEN RECORDS. OOR to Post … This Final Determination involved a request under the PA RTKL for information related to a former Assistant District Attorney in Philadelphia. Judicial ethics is a surprisingly underexplored area and this volume marks an important point in this relatively new but commendably growing field of studies. Found inside – Page 14... hearing order is a proposed decision which will be presented to the agency's board for a final determination.3 . ... contained in the public records of the Commission and which was not part of the record on which the determination ... Accordingly … the requested records are subject to disclosure under the RTKL.”. Appeals. Office of Open Records, Final Determination, Dkt. 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