Granted: Delaware River Waterfront Corp. records
Granted: A 28-part request to
the Delaware River Waterfront Corp. seeking to
review records related to its relationship and
contracts with another corporation. The requester
received no response to his request, and so it
was deemed denied.
From
the Pennsylvania Freedom of Information Coalition
Granted: A 28-part request to the Delaware River Waterfront Corp. seeking to review records related to its relationship and contracts with another corporation. The requester received no response to his request, and so it was deemed denied.
In his appeal to the Office of Open Records, the requester noted that the DRW Corp. is a nonprofit corporation created by the city of Philadelphia to serve as a steward for the waterfront, and so should be considered a local agency subject to the Right to Know Law.
The OOR noted that while DRW Corp. said it needed more time to respond to the appeal in support of its position, it failed to provide any documentation, even though the requester agreed to extend the due date for the OOR's determination.
The OOR found that:
-- The Delaware River Waterfront Corp. qualifies as a local agency subject to the RTKL, "given its purely public purpose to serve the city and political control by City of Philadelphia officials." The OOR cited the DRW Corp.'s community mandate, and it's subjugation to the Sunshine Law.
-- The requested records are presumed open.
"The burden is upon the agency to overcome the presumption of openness," the OOR noted. "DRW Corp. did not assert any of the three types of exemptions, and during the appeal, did not contend that any of the records were 'non-public' in nature."
"As DRW Corp. did not contest their alleged public nature, and did not meet its burden of
overcoming the presumption of openness, the requested records cannot be properly withheld." The OOR directed the agency to disclose the requested records, with redaction of any information exempted by law, privilege or clear exception, within 30 days.
Bari vs. Delaware River Waterfront Corporation -- AP 2009-0891
Granted: A 28-part request to the Delaware River Waterfront Corp. seeking to review records related to its relationship and contracts with another corporation. The requester received no response to his request, and so it was deemed denied.
In his appeal to the Office of Open Records, the requester noted that the DRW Corp. is a nonprofit corporation created by the city of Philadelphia to serve as a steward for the waterfront, and so should be considered a local agency subject to the Right to Know Law.
The OOR noted that while DRW Corp. said it needed more time to respond to the appeal in support of its position, it failed to provide any documentation, even though the requester agreed to extend the due date for the OOR's determination.
The OOR found that:
-- The Delaware River Waterfront Corp. qualifies as a local agency subject to the RTKL, "given its purely public purpose to serve the city and political control by City of Philadelphia officials." The OOR cited the DRW Corp.'s community mandate, and it's subjugation to the Sunshine Law.
-- The requested records are presumed open.
"The burden is upon the agency to overcome the presumption of openness," the OOR noted. "DRW Corp. did not assert any of the three types of exemptions, and during the appeal, did not contend that any of the records were 'non-public' in nature."
"As DRW Corp. did not contest their alleged public nature, and did not meet its burden of
overcoming the presumption of openness, the requested records cannot be properly withheld." The OOR directed the agency to disclose the requested records, with redaction of any information exempted by law, privilege or clear exception, within 30 days.
Bari vs. Delaware River Waterfront Corporation -- AP 2009-0891