Denied: Single contract document that doesn't exist
Denied: A request for a copy of
a contract between a vendor and the borough of
Kutztown. The borough had denied the request,
asserting that the requested document does not
exist.
From
the Pennsylvania Freedom of Information Coalition
Denied: A request for a copy of a contract between a vendor and the borough of Kutztown. The borough had denied the request, asserting that the requested document does not exist.
In his appeal, the requester told the Office of Open Records that the borough had approved and awarded a bid for the project at a public meeting. The borough had supplied the requester with the expected project dates along with a borough bid form which indicated that the bid was awarded.
The borough provided a sworn affidavit that a contract exists by virtue of the fact that the vendor submitted a bid which the borough accepted, however there was no single document that embodies all the terms of the contract. The borough also noted it had already provided the requester each of the separate documents which take together "evidence the terms of the contract."
The Office of Open Records accepted the borough's affidavit as proof it had no further documents to provide. "Whether the documents produced by the borough in response to the request can function as a contract is an issue beyond the purview or jurisdiction of the OOR," it wrote.
Marino vs. Borough of Kutztown -- AP 2009-0359
Denied: A request for a copy of a contract between a vendor and the borough of Kutztown. The borough had denied the request, asserting that the requested document does not exist.
In his appeal, the requester told the Office of Open Records that the borough had approved and awarded a bid for the project at a public meeting. The borough had supplied the requester with the expected project dates along with a borough bid form which indicated that the bid was awarded.
The borough provided a sworn affidavit that a contract exists by virtue of the fact that the vendor submitted a bid which the borough accepted, however there was no single document that embodies all the terms of the contract. The borough also noted it had already provided the requester each of the separate documents which take together "evidence the terms of the contract."
The Office of Open Records accepted the borough's affidavit as proof it had no further documents to provide. "Whether the documents produced by the borough in response to the request can function as a contract is an issue beyond the purview or jurisdiction of the OOR," it wrote.
Marino vs. Borough of Kutztown -- AP 2009-0359