Granted: Request for unexecuted borough purchase order
Granted: A request to the
borough of Kutztown for a purchase order placed
on a borough agenda, but not acted on.
From
the Pennsylvania Freedom of Information Coalition
Granted: A request to the borough of Kutztown for a purchase order placed on a borough agenda, but not acted on.
The borough had denied access, stating that the record because no final action was taken by borough council to ratify the purchase order, therefore the purchase order did not exist.
In his appeal to the Office of Open Records, the requester noted that the purchase order for $119,511.87 for machinery and equipment still exists, whether it was ratified or not.
In its response to the OOR, the borough said the purchase order does not qualify as a public record because the borough made a decision not to purchase the items. The township contended that since the purchase order did not form the basis of any agreement, it did not document a transaction or activity of the borough, thus did not qualify as a "record" under the Right to Know Law.
Upon further inquiry by the OOR, the borough acknowledged that a copy of the computer-generated purchase order did exist, but said an executed copy or original did not.
The OOR disagreed with the borough's contention that the unexecuted purchase order was not a public record:
"The borough contends that since the purchase order was not executed, it does not transact business and thus does not qualify under the definition of 'record.' The OOR disagrees."
"The very fact that the borough placed it on its consent agenda for appropriate action shows that the borough used the information as part of its transactions or activities, even though it decided against engaging in the ultimate transaction," the OOR wrote. "Under these circumstances, the OOR finds the borough's contention that the non-executed purchase order is not a 'record' implausible."
The OOR conluded that the record may be presumed public, and directed the borough to release it.
Marino vs. Kutztown Borough -- AP 2009-0272
Granted: A request to the borough of Kutztown for a purchase order placed on a borough agenda, but not acted on.
The borough had denied access, stating that the record because no final action was taken by borough council to ratify the purchase order, therefore the purchase order did not exist.
In his appeal to the Office of Open Records, the requester noted that the purchase order for $119,511.87 for machinery and equipment still exists, whether it was ratified or not.
In its response to the OOR, the borough said the purchase order does not qualify as a public record because the borough made a decision not to purchase the items. The township contended that since the purchase order did not form the basis of any agreement, it did not document a transaction or activity of the borough, thus did not qualify as a "record" under the Right to Know Law.
Upon further inquiry by the OOR, the borough acknowledged that a copy of the computer-generated purchase order did exist, but said an executed copy or original did not.
The OOR disagreed with the borough's contention that the unexecuted purchase order was not a public record:
"The borough contends that since the purchase order was not executed, it does not transact business and thus does not qualify under the definition of 'record.' The OOR disagrees."
"The very fact that the borough placed it on its consent agenda for appropriate action shows that the borough used the information as part of its transactions or activities, even though it decided against engaging in the ultimate transaction," the OOR wrote. "Under these circumstances, the OOR finds the borough's contention that the non-executed purchase order is not a 'record' implausible."
The OOR conluded that the record may be presumed public, and directed the borough to release it.
Marino vs. Kutztown Borough -- AP 2009-0272