Page 30 – Nauman Smith

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

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.