Granted: Board of Nursing program approval documents
March 13, 2009 Filed in: Granted
| Denied
| Appealed to
court | Dept. of
State | Non-criminal
investigations | Predecisional
deliberations
Granted in part and denied in
part: A request to the state Board of
Nursing of the Department of State, seeking four
types of records related to a nurse education
program.
From
the Pennsylvania Freedom of Information
Coalition
Granted in part and denied in part: A request to the state Board of Nursing of the Department of State, seeking four types of records related to a Princeton Information Technology Center nurse education program: all board meeting and hearing minutes pertaining to approvals or disapprovals of the program, 2003 to present; all documents submitted for approval or disapproval; copies of all program enrollment agreements submitted to PITC for review; and all correspondence, including complaints, sent to the board reflecting complaints.
The department responded that it did not have the board minutes requested. It denied the approval/disapproval documents, claiming they were exempt as "internal, predecisional deliberations," and denied the complaints or statistical records reflecting complaints as being exempt as related to non-criminal investigations.
The Office of Open Records ruled:
– That the "internal, predecisional deliberations" exemption does not protect internal memos after a decision has been rendered.
– That the exemption for non-criminal investigation documents does not protect statistical records, such as were requested. The requester specifically cited in her appeal that the practical nurse law requires an annual complaints report, which the OOR notes is not an investigative report but a compilation of data to show the types and status of complaints.
The Office of Open Records concluded that materials considered by the Board of Nursing in its approval or disapproval of the program are public records, including internal memos prepared by staff. However, it agreed that documents showing complaints were properly protected from disclosure.
Winett vs. Department of State -- AP 2009-0081
APPEALED TO COMMONWEALTH COURT: April 8, 2009
Granted in part and denied in part: A request to the state Board of Nursing of the Department of State, seeking four types of records related to a Princeton Information Technology Center nurse education program: all board meeting and hearing minutes pertaining to approvals or disapprovals of the program, 2003 to present; all documents submitted for approval or disapproval; copies of all program enrollment agreements submitted to PITC for review; and all correspondence, including complaints, sent to the board reflecting complaints.
The department responded that it did not have the board minutes requested. It denied the approval/disapproval documents, claiming they were exempt as "internal, predecisional deliberations," and denied the complaints or statistical records reflecting complaints as being exempt as related to non-criminal investigations.
The Office of Open Records ruled:
– That the "internal, predecisional deliberations" exemption does not protect internal memos after a decision has been rendered.
– That the exemption for non-criminal investigation documents does not protect statistical records, such as were requested. The requester specifically cited in her appeal that the practical nurse law requires an annual complaints report, which the OOR notes is not an investigative report but a compilation of data to show the types and status of complaints.
The Office of Open Records concluded that materials considered by the Board of Nursing in its approval or disapproval of the program are public records, including internal memos prepared by staff. However, it agreed that documents showing complaints were properly protected from disclosure.
Winett vs. Department of State -- AP 2009-0081
APPEALED TO COMMONWEALTH COURT: April 8, 2009