RTKL – A View from All Sides
The County Commissioners Association of Pennsylvania hosted a panel discussion entitled, “Right-to-Know Law: A View from All Sides,” during its May 4 Solicitors’ Conference. The panel included two Nauman Smith attorneys; Stephen Feinour, who serves as solicitor to various townships and boroughs, and Craig Staudenmaier, who provides legal counsel to both requesters and third parties. They were joined by a representative from the Office of Open Records and Chad Schnee of the Solicitor’s Office of Berks County…
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Commonwealth Court Awards RTKL Statutory Penalty for Bad Faith Against Department of Corrections
Uniontown Newspapers, Inc., d/b/a/ The Herald Standard; and Christine Haines v. PA Dept. of Corrections, No. 66 M.D. 2015, filed March 23, 2018 On March 23, 2018, the Honorable Robert Simpson released an unreported opinion in the above matter addressing what it means to act in bad faith under the RTKL Section 1305(a). The case held that some of the actions or lack thereof by the DOC in responding to a RTKL request amounted to bad faith which merited statutory sanctions and granted the maximum civil penalty of $1,500 against the DOC…
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Discovery of Requester Financial Information in RTKL Cases?
Tricia Mezzacappa v. Borough of West Easton, 290 C.D. 2017 & 498 C.D. 2017, filed Jan. 18, 2018 On January 18, 2018, the Commonwealth Court filed an unreported opinion in an appeal from a trial court order granting a municipality’s Motion to Compel Deposition in Mezzacappa v. Borough of West Easton, Nos. 290 C.D…
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