News from 2015

Nauman Smith Attorney Chosen for 2016 Leadership Harrisburg Class

Nauman Smith attorney Joshua D. Bonn has been selected for the Leadership Harrisburg Area’s (LHA) 2016 Community Leadership Series. Established in 1987, the Community Leadership Series is LHA’s core program. The nine-month, 100+ hour educational and experiential course explores many facets of life in the Capital Region including arts, culture and recreation as well as economic development… Read On

Right-to-Know Law Does Not Require Government to Maintain Public Records

The Commonwealth Court has approved a record-retention policy that authorizes individual state-employees to permanently destroy any email the employee decides is not a public record.   The court dismissed a lawsuit brought by a number of newspapers seeking a declaration that the email retention policy implemented by Governor’s Office of Administration (GOA) violates the Right-to-Know Law (RTKL)… Read On

State Police Dash Camera Videos are Public Records

The Commonwealth Court has affirmed in part an order of the Office of Open Records (OOR) requiring the Pennsylvania State Police (PSP) to disclose copies of dashboard mobile video recordings (MVR) from the scene of a traffic accident. Pennsylvania State Police v. Michelle Grove, 1146 C.D. 2014 (Pa. Cmwlth. Jul. 7, 2015). The Court concluded that one MVR… Read On

Act 192 Shot Down

Pennsylvania municipalities can breathe a sigh of relief. The Commonwealth Court declared Act 192 unconstitutional and void in a decision penned by Judge Simpson and announced today. Judge Simpson also made it clear that the Commonwealth is enjoined from enforcing any provisions of Act 192 or taking any actions in accordance with Act 192. All seven sitting Judges joined in the result… Read On

Erik Arneson’s Status as Executive Director of Office of Open Records Remains in Limbo

A sharply divided Commonwealth Court has held that the Right-to-Know Law (RTKL) limits the Governor’s power to remove the Executive Director of the Office of Open Records (OOR) except for cause. The majority of the court concluded that the RTKL expresses a clear legislative intent that the Executive Director of the OOR, an independent body, is insulated from the Governor’s power to remove appointees at will.  … Read On

Exercise Caution When Rolling Over IRAs

For a variety of reasons, you may be thinking about rolling over your Traditional IRA or 401K to a new or consolidated IRA. Here’s a quick and dirty review of the rules to ensure that you do not incur unnecessary taxes and penalties: 60-Day Rule: Make sure you roll over all of the proceeds you received from your old account into a qualified IRA account within 60 days… Read On

Business Law Shorts

Among the recent business law developments at the local and state level were the City of Harrisburg’s adoption of a 10-year property tax abatement program for commercial and residential development in the City; loosening of the Public Utility Commission’s regulations for new household moving company market entrants; and a decision by the Pennsylvania Supreme Court on unemployment compensation that appears will have additional impact in the workers’ compensation realm… Read On

Third Party Notification Imposes Unreasonable Burdens

In February, the Commonwealth Court issued its second decision in a case involving the Pennsylvania State Education Association (“PSEA”) and the Office of Open Records (“OOR”). The case began in 2009 and has been up to and back down from the Pennsylvania Supreme Court during its arduous trek through the court system. The case involves a request by the PSEA for a declaratory judgment by the Commonwealth Court that the home addresses of public school employees should not be public record as they are protected by an alleged privacy right under the Pennsylvania Constitution… Read On

Municipal Law Colloquium

Partner J. Stephen Feinour will discuss recent developments under Pennsylvania’s Right-to-Know Law (RTKL) during the Pennsylvania Bar Institute’s Municipal Law Colloquium on Saturday, June 6th  at the Lancaster Marriott in Lancaster, PA.  His remarks will  address the applicability of the RTKL to records of third-party contractors dealing with public agencies.  Steve manages the firm’s municipal law practice, assisting public officials grappling with the challenges facing local governments in Pennsylvania. … Read On

Commonwealth Court Attempts to Clarify Proper Procedures to Obtain Judicial Records Other Than Financial Records

In spite of a well-established constitutional right to access judicial records, the procedures to obtain them remain somewhat of a mystery. In its latest opinion, Faulk v. Philadelphia Clerk of Courts, — A.3d —-, 1904 C.D. 2014 (Pa.Cmwlth. 5/28/15), the Commonwealth Court provided much needed clarification regarding the proper procedures to access judicial records… Read On