News from 2012

OOR Lacks Jurisdiction to Compel Disclosure of Records Related to Pending Litigation

The Commonwealth Court has reversed decisions by the Office of Open Records (OOR) and the Court of Common Pleas of Allegheny County which ordered the City of Pittsburgh (City) to disclose correspondence of settlement negotiations between city officials and a decedent’s estate. City of Pittsburgh v. Silver, — A.3d —-, 1658 C.D. 2011 (Pa.Cmwlth… Read On

Insufficiently Specific Request for Emails Denied where County Unable to Perform Keyword Search of Archived Emails

The Commonwealth Court has affirmed the denial of a request for county emails because the requester failed to sufficiently articulate what emails he wanted to obtain. In Montgomery County v. Iverson, — A.3d —-, 1071 C.D. 2011 (Pa.Cmwlth. 8/15/12), the requester submitted a request for emails in the County’s possession. The requester asked the County to produce all emails to and from specific internet domains which contained one of fourteen keywords… Read On

Commonwealth Court Refuses to Find Sunshine Act Violation

On July 31, 2012, a panel of the Commonwealth Court in an opinion authored by Judge Leavitt affirmed a decision of the Berks County Court of Common Pleas denying a request for a declaratory judgment that a Board of Supervisors had violated the Sunshine Act.  Smith v. Township of Richmond et al., No… Read On

Commonwealth Court Reverses Decision of OOR and Orders the Release of Information Regarding Labor Union Disputes

It is not often that the Commonwealth Court reverses the Office of Open Records (“OOR”) and orders the release of records which the OOR found not to be public.  Such a situation occurred in the recent decision of a panel of the Commonwealth Court in Johnson v. Pennsylvania Convention Center Authority, No. 1844 C.D… Read On

Commonwealth Court Orders DEP to Release Section 208 Determination Letters

As Marcellus Shale continues to occupy the hearts and minds of Pennsylvania citizens, Right-to-Know issues concerning Commonwealth agencies regulating it continue. On July 31, 2012, a panel of the Commonwealth Court in an opinion authored by Judge Anne E. Covey affirmed a final determination of the Office of Open Records (“OOR”) ordering DEP to search for and to release DEP Section 208 determination letters issued since January 1… Read On

Courts Scrutinize Non-Compete Agreements for Insurance Agents

Independent insurance agencies, like many businesses engaged in the sale of products and services to the public, rely heavily upon the efforts of their producers to service the agencies’ existing customers as well as to bring new customers, i.e., policyholders, to the agency.  The producers are insurance agents licensed through the Pennsylvania Department of Insurance. … Read On

Reporter Denied Access to Calendars of Philadelphia Mayor and Council Members

A divided Commonwealth Court held that the calendar entries of Philadelphia’s Mayor and Council members are exempt from public disclosure under the “working papers” exemption to the RTKL.  City of Philadelphia v. The Philadelphia Inquirer, — A.3d —-, 944 C.D. 2011 (Pa.Cmwlth. 2012).  In an opinion by President Judge Dan Pelligrini, the four member majority found that the calendar entries… Read On

Nauman Smith Attorney J. Stephen Feinour is now the Inbound Chair of the Rotary District 7390 Youth Exchange Program

Partner, J. Stephen Feinour is the Inbound Chair of the Rotary District 7390 Youth Exchange Committee.  His responsibilities include the administration of the Inbound Youth Exchange Program, including the placement and oversight of inbound Rotary Exchange Students from various foreign countries with local Rotary clubs… Read On

Commonwealth Court Publishes Decision Discussing whether Home Address and Dates of Birth of Public Employees are Exempt from Public Disclosure

On March 22, 2012, the Commonwealth Court filed a memorandum opinion, Delaware County v. Schaefer, Docket No. 256 C.D. 2011, discussing whether home addresses and dates of birth of public employees are exempt from public disclosure.  On May 15, 2012, the Commonwealth Court issued an Order designating the case for publication.  The effect of publication is that the case may now be cited as controlling on the issue of dates of birth. … Read On

Nauman Smith Attorney J. Stephen Feinour Elected to the Board of Directors of the Rotary Club of Harrisburg

Partner, J. Stephen Feinour has been elected to the Board of Directors of the Rotary Club of Harrisburg for which he also serves as co-chair of the Youth Exchange Committee… Read On


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