News

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

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

Nauman Smith Partner Honored

Nauman Smith managing partner Craig J. Staudenmaier has been selected as a 2015 Pennsylvania Super Lawyer, making it the sixth consecutive year he has received this recognition. Super Lawyer is an honor reserved for those lawyers who exhibit excellence in the practice of law. Craig concentrates his practice in the areas of state and federal litigation and Right-to-Know/media law… Read On

Primer for Local Agency Record Retention Policies

The Municipal Records Act, 53 P.S. §§ 1381 – 1389, governs the retention and disposition of records by most local agencies (third class cities, boroughs, incorporated towns, first and second class townships, any such municipality that has adopted a home rule charter, and municipal authorities created by such municipalities).   53 Pa.CS.A. § 1381.   Local agencies are required to adopt the retention and disposition schedule promulgated by the Pennsylvania Historical Commission and approved by the Local Government Records Committee… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On

Public Employee Home Address Disclosure to be decided on Individual Basis

The Commonwealth Court has remanded proceedings back to the Office of Open Records (OOR) to decide on an individual basis whether the home addresses of members of the State Employees’ Retirement System (SERS) are exempt from public disclosure. State Employees Retirement System v. Pennsylvanians for Union Reform, 207 C.D. 2014 (Pa.Cmwlth. Mar. 20… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials.

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On