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Right-to-Know Law (RTKL) and issues related to discovery can overlap and cause confusion regarding what information is protected from disclosure and what is not. This is apparent in the Stroudsburg Area School District v. Petersen case from October 2019. In this case, Gretchen Petersen filed a RTKL request in February 2019 requesting the school district’s engagement letter with legal representation… Read On
The fifteenth annual Sunshine Week began on March 16, 2020 to celebrate public access to information across the country and in Pennsylvania. This week-long event was initiated in 2005 by the American Society of News Editors, who selected the date to coincide with the birthday of James Madison, a primary Bill of Rights proponent. Pennsylvania organizations are participating in celebration of their own freedom of information laws… Read On
The Commonwealth Court may have added a new hurdle to the efficacy of Pennsylvania’s Right-To-Know Law (“RTKL”). In July 2019, the Commonwealth Court remanded a case back to the Office of Open Records (“OOR”) involving disclosure of emails held by West Chester University of Pennsylvania (“WCU”).[1] A student of WCU requested emails pertaining to an Office of Student Conduct Case in which he was involved. … Read On
On October 24, 2019, the Pennsylvania Commonwealth Court issued a decision regarding Pennsylvania’s Right-to-Know Law (RTKL) and treasure hunters seeking information from the government relevant to a potential found treasure.[1] After conducting an in camera review of the requested documents, the court determined that these documents were subject to disclosure under the RTKL and ordered their production… Read On
A Pro-Life Action League member requested the names and professional license numbers of health care practitioners and leadership individuals from non-hospital facility licensing applications to the Pennsylvania Department of Health (“DOH”). The DOH partially denied the request, citing the personal security exception of the Right-to-Know Law (“RTKL”), Section 708(b)(1)(ii). The resultant appeal to the Office of Open Records (“OOR”) led to the participation of the interested third parties… Read On
The Commonwealth Court’s recent decision in Mission Pennsylvania, LLC v. McKelvey provides a road map to private entities seeking to prevent government agencies from disclosing sensitive business information. The case involved a public records request for applications that private entities submitted to the Department of Health for permits to grow, process, and distribute medical marijuana… Read On
As issues under the Pennsylvania Right-to-Know law (RTKL) become more nuanced, the Commonwealth Court was called upon recently to decide the meaning of the word “individual” in the exemption found in § 708 (b)(13). This section provides exemption for the “Identity of an individual who lawfully makes a donation to an agency.” Who or what constitutes an “individual” was the basis of the Court’s decision… Read On
Craig J. Staudenmaier looks back at the first ten years of Pennsylvania’s Right-to-Know Law, which took effect on January 1, 2009. In an article appearing in the July/August edition of The Pennsylvania Lawyer, Craig explains that while the law has positively impacted transparency at all levels, it has experienced growing pains that must be addressed in order to uphold the law’s intent… Read On
Penn State University has disclosed an annual list of its top-25 paid employees. Head football coach James Franklin tops the list and top administrators and physicians round out the remainder. What about the rest of PSU’s employees? Can female faculty members compare their salaries to their male peers? Right now, the answer is no because PSU is not fully subject to Pennsylvania’s Right-to-Know Law (RTKL)… Read On
Nauman Smith attorney Craig J. Staudenmaier has been selected as a 2019 Pennsylvania Super Lawyer, making it the eleventh consecutive year he has received this recognition. Super Lawyer is an honor reserved for those lawyers who exhibit excellence in the practice of law. Only 5% of the licensed active attorneys in the Commonwealth are selected. The process includes independent research… Read On
The Commonwealth Court has held that predecisional deliberations between government agencies and independent contractors are not public records. Finnerty v. Pennsylvania Dep’t of Cmty. & Econ. Dev., No. 801 C.D. 2018, 2019 WL 1797668, at *7 (Pa. Commw. Ct. Apr. 25, 2019). The decision allows government agencies to engage private entities for advice on policy matters without disclosing such advice to the public… Read On
The Cambria County Court of Common Pleas has affirmed in part and reversed in part a final determination by the County’s Assistant District Attorney, which partially denied a Right-to-Know Law (RTKL) request for records showing the utilization of drug forfeiture funds. The President Judge, Norman A. Krumenacker, III, held that the District Attorney is obligated to disclose certain financial records related to the drug forfeiture account… Read On
