Dismissed/Denied: Police record requests must be appealed to D.A.
March 09, 2009 Filed in: Dismissed
| Denied
| Allegheny
Co. | Employee
discipline | Agency
non-compliance
Dismissed in part and denied in
part: A request to the Allegheny County
Police Department seeking a number of records and
documents surrounding various police incidents,
investigations and officers.
From
the Pennsylvania Freedom of Information
Coalition
Dismissed in part and denied in part: A request to the Allegheny County Police Department seeking a number of records and documents surrounding various police incidents, investigations and officers. The department denied the request, stating that some of the records were not public, some did not exist, and some were exempted.
The Office of Open Records noted that in issuing the denial, the department should have told the requester to direct most of his request appeals to the Allegheny County District Attorney, because they pertain to records relating to a criminal investigation. (The law establishes that local district attorneys — not the Office of Open Records — are to appoint appeals officers on criminal investigation record denials.)
The OOR, therefore, dismissed most of the appeal for lack of jurisdiction. On the remaining denials, the Office of Open Records acknowledged the departments assertion that the records either did not exist, or were properly denied because they related to disciplinary matters.
Griffin vs. Allegheny County -- AP 2009-0056
Dismissed in part and denied in part: A request to the Allegheny County Police Department seeking a number of records and documents surrounding various police incidents, investigations and officers. The department denied the request, stating that some of the records were not public, some did not exist, and some were exempted.
The Office of Open Records noted that in issuing the denial, the department should have told the requester to direct most of his request appeals to the Allegheny County District Attorney, because they pertain to records relating to a criminal investigation. (The law establishes that local district attorneys — not the Office of Open Records — are to appoint appeals officers on criminal investigation record denials.)
The OOR, therefore, dismissed most of the appeal for lack of jurisdiction. On the remaining denials, the Office of Open Records acknowledged the departments assertion that the records either did not exist, or were properly denied because they related to disciplinary matters.
Griffin vs. Allegheny County -- AP 2009-0056