News from 2010

Office of Open Records Orders Release of Dates of Birth of State Employees; State Doesn’t Appeal

Reporter Dylan Purcell, on behalf of the Philadelphia Inquirer, asked the Pennsylvania Office of Administration (“OA”) to provide him with a list state employees and salaries.  The OA granted the request, but only provided Purcell with the employees’ years of birth, rather than a full birth date including the day and month born.  Purcell appealed to the Office of Open Records (“OOR”)… Read On

Nauman Smith Attorney J. Stephen Feinour Elected to the Council of the Municipal Law Section of the PA Bar Association

Partner, J. Stephen Feinour has been elected to the Council of the Municipal Law Section of the Pennsylvania Bar Association… Read On

No Immediate Access to Coroner Information under RTKL

On November 16, 2010, a three judge panel of the Commonwealth Court held that the Right-to-Know Law (RTKL) does not provide immediate access to the name of a deceased and the manner of death.  Hearst Television, Inc. et al. v. Norris et al., 95 C.D. 2010.  The unanimous decision upheld the Cumberland County trial court decision which affirmed the Office of Open Records denial of a television station’s request that this information be immediately disclosed under § 708(20) of the RTKL. … Read On

Commonwealth Court Denies Charges by SERS for Labor Costs

On November 4, 2010, the Commonwealth Court in its decision, State Employees’ Retirement System v. Office of Open Records, No. 152 C.D. 2010, by Senior Judge Flaherty, denied a claim by SERS for labor charges in complying with a Right-to-Know request as a cost “necessarily incurred” under 65 P.S. § 67.1307(g).  SERS asserted that… Read On

Public Employee Home Addresses to Remain Private Until Supreme Court Determines Jurisdictional Issue in Teacher Home Address Case

One of the most fiercely contested issues arising after the 2008 revision of Pennsylvania’s Right-to-Know Law is whether home addresses of public employees are public records.  Last year, the Pennsylvania State Education Association (“PSEA”) petitioned the Commonwealth Court to enjoin the Officer of Open Records (“OOR”) from ordering school districts to disclose home addresses of public school teachers. … Read On

Nauman Smith Attorney Suzanne Friday Writes About Donor Advised Funds

According to the Council on Foundations, there are approximately 33,100 private family foundations in the U.S. which collectively give billions of dollars to charitable causes annually, Nauman Smith Attorney Suzanne S. Friday writes in a recent article, "Philanthropy - Not Just for the Wealthy… Read On

Committee Recommends Tightening of Rules for Access to Juvenile Probation Records

There is a proposed amendment to the Juvenile Rules of Procedure regarding access to juvenile probation files.  Juvenile probation files will be defined as records contained in the official juvenile court record, including but not limited to social studies, school records, health, psychological and psychiatric evaluations, drug and alcohol testing, placement reports, employment records, and probation evaluations. … Read On

OOR Recognizes Mechanism for Agencies to Preemptively Preserve Issues Not Raised in the Initial Denial Letter

Where an agency initially states that a request is insufficiently specific, courts may permit the agency to raise issues not preserved in the denial letter.  See PSP v. OOR (George), 995 A.2d 515 (Pa.Cmwlth. 2010) as interpreted by the Office of Open Records in Valenti v. Wyoming Area SD Read On

Commonwealth Court finds Sunshine Act Violation Where School Board Invites Property Owners to Participate in Executive Session to Discuss Property Tax Assessment Appeal

Trib Total Media, Inc. (“TTM”) brought suit against the Highlands School District because the school board barred a reporter from attending an executive session.  In its answer to TTM’s complaint, the school district admitted that the school board discussed a property tax assessment appeal with owners of the shopping center subject to the appeal.  The school district asserted that such an action was permissible under Section 708(a)(4) of the Sunshine Act… Read On

SWB Yankees must provide bids received for concessionaire contract at municipal baseball stadium to Scranton Times-Tribune reporter

After a year and a half wait, a newspaper reporter is one step closer to receiving documents requested pursuant to the Right-to-Know Law.  The Commonwealth Court has issued an opinion affirming a final determination of the Office of Open Records and the order of the Lackawanna County Court of Common Pleas, both of which directed the SWB Yankees to disclose copies of bids received for a baseball stadium concessionaire contract. … Read On


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