News from 2015

Governor May Not Remove Executive Director of Office of Open Records Without Cause

The Pennsylvania Supreme Court has affirmed a decision by the Commonwealth Court that reinstated Eric Arneson as the Executive Director of the Office of Open Records.   The Supreme Court agreed that the OOR is an independent body and that the Executive Director is insulated from the Governor’s power to remove appointees at will. Justice Baer, joined by Chief Justice Saylor and Justice Eakin… Read On

Clean Air Council Sues to Stop Sunoco Pipeline, LP

On August 27, 2015, the Clean Air Council, a Philadelphia based environmental rights group, sued Sunoco Pipeline, LP (“SPLP”) in the Philadelphia Court of Common Pleas challenging the status of SPLP as a public utility under the Pennsylvania Public Utility Code and its authority to exercise the right of eminent domain for construction of the Mariner East II Pipeline Project (“Mariner II”)… Read On

Police Dash Cams are Public Records

The Commonwealth Court held recently that state police dash cams (Mobile Video Recorders, “MVRs”) are public records under certain circumstances and are not automatically exempt under Pennsylvania’s Right-to-Know Law (open records law) exemption for ‘investigative’ records. Pennsylvania State Police v. Grove, 1146 C.D. 2014 (Pa. Cmwlth. Jul. 7, 2015). The Court affirmed an earlier decision of the Office of Open Records (OOR) which concluded that video from one state police patrol car… Read On

Use of Conviction and Arrest Records in Hiring Decisions

While I practice in employment law, and advise clients on the use of conviction records in making hiring decisions, the issue recently struck me personally. A relative committed a felony as a teenager. He served 15 years in prison and was released several years ago. He eventually found night shift work in a manufacturing facility. After his wife obtained a day job with full benefits… Read On


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