Right-to-Know & Media Law Archives - Page 5 of 14

OOR Orders the Release of the City of Pittsburgh’s Bid for Amazon Headquarters

On January 24, 2018, the Office of Open Records issued a final determination ordering the City of Pittsburgh to turn over to Paul Van Osdol and WTAE-TV a copy of the proposal submitted by the city to Amazon along with other records. Van Osdol had requested a copy of the proposal and various emails between the mayor and his chief of staff and others… Read On

Tax Assessment Rolls Remain Public Records

Last year, in a case known as PSEA III, the Pennsylvania Supreme Court ruled that public school employees have a constitutional right to “informational privacy” in their home addresses. PSEA III raised more questions than it answered. Prior to releasing a public record containing home addresses, like a tax assessment role… Read On

Five Tips for Moderating Public Comments on Government Maintained Social Media Pages

Public officials and government entities use social media such as Facebook, Twitter, and Instagram to broadcast community events, make public service announcements, or issue policy statements. Use of social media for official communication implicates freedom of speech issues under the First Amendment to the United States Constitution. Public officials and government entities may avoid liability for such communications by adopting and enforcing social media policies… Read On

Nauman Smith Attorney Named Super Lawyer

Nauman Smith attorney Craig J. Staudenmaier has been selected as a 2017 Pennsylvania Super Lawyer, making it the eighth 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

Use of Mandamus to Enforce OOR Determination Questioned

The Commonwealth Court’s recent decision in Capinski v. Upper Pottsgrove Towship could foreshadow changes in the way final determinations from the Office of Open Records (OOR) are enforced. Although the majority’s opinion, authored by President Judge Leavitt, accepts the use of writs of mandamus as the appropriate vehicle for petitioners seeking enforcement of final OOR determinations… Read On

Commonwealth Court Addresses Recusal Standard in RTK Cases

In Butler v. Dauphin County District Attorney’s Office, the Commonwealth Court recently clarified when judges are required to recuse themselves and whether government agencies can be required to certify documents. The case involved a RTKL request by Cleveland Butler seeking disclosure of search warrants and inventory lists issued in a criminal case against him… Read On

Supreme Court Rules Police Dash Cam Video is a Public Record

The Pennsylvania Supreme Court has ruled that the video portion of police vehicle dash cams are public records under the Right-to-Know Law (RTKL), unless some exception applies. The Supreme Court was required to evaluate, among other issues, whether the videos are exempt in their entirety as criminal investigative records. The particular videos at issue in Pennsylvania State Police v… Read On

Top 10 Right-to-Know Cases of 2016

The Pennsylvania Supreme Court, with three newly elected members, issued the most significant public records case since the enactment of the Right-to-Know Law (RTKL) in 2009. Other important issues include police videos, government contractor financial information, and judicial records. Pennsylvania State Educ. Ass’n v. Commonwealth , Dep’t of Cmty. & Econ. Dev., 148 A.3d 142 (Pa… Read On

Philadelphia District Attorney Sanctioned for Denying Access to Public Records

The Commonwealth Court has affirmed an order of the Philadelphia Court of Common Pleas that imposed a civil penalty of $500 on the Office of the District Attorney of Philadelphia for denying access to public records in bad faith. Office of District Attorney of Philadelphia v. Bagwell, Nos. 2627, 2641 C.D. 2015, 435, 473 C.D. 2016 (Pa… Read On

Are Home Addresses Exempt from Public Disclosure?

The Pennsylvania Supreme Court recently held that individuals have a qualified right to privacy in the non-disclosure of their home addresses. Pennsylvania State Educ. Ass’n v. Commonwealth, Dep’t of Cmty. & Econ. Dev., 148 A.3d 142, 144 (Pa. 2016). The decision raises more questions than it answers. When government agencies ask whether home addresses must be publicly disclosed… Read On

Surveillance Videos Obtained by Police are not Public Records

The Commonwealth Court has reaffirmed that video recordings created by private parties that come into the possession of the Pennsylvania State Police (PSP) in the course of a criminal investigation are exempt from disclosure under the RTKL and the Criminal History Records Information Act (CHRIA). Pennsylvania State Police v. Kim, 321 C.D. 2016 (Pa… Read On

Commonwealth Court Stays In Camera Review of Police Videos

On August 8, 2016, the Pennsylvania Commonwealth Court filed an opinion on three requests by the Office of Open Records (“OOR”) for in camera review of certain records, including dash-cam video, held by Pennsylvania State Police (“PSP”). Com., Office of Open Records v. Penn. State Police, 370 M.D. 2016 (Pa. Commw. 2016) … Read On