Denied: Investigative interview that became part of district operational review
Denied: Penn-Delco School
District records that the district said either
did not exist or were part of a noncriminal
investigation.
From
the Pennsylvania Freedom of Information
Coalition
Denied: Penn-Delco School District records that the district said either did not exist or were part of a noncriminal investigation.
Two parts of the request were for records relating to district defense of a lawsuit against a former school board member. The school district provided sworn affidavits to the Office of Open Records that these records did not exist.
The third part of the request was for part of an operational review that included the transcript of an interview with an unidentified person by the district solicitor. The district argued that it was protected from release as part of a noncriminal investigation into allegations of wrongdoing by a district employee, and cited the OOR’s previous ruling in Martucci vs. Department of State AP 2009-0437.
The requester argued that the district released the transcript to the law firm preparing an operational review, which did not constitute a non-criminal investigation.
The OOR, while ultimately siding with the district that it was entitled to withhold the transcript, stated the following:
“The OOR notes at the outset that [the noncriminal investigations exception] has the potential to be the exception that swallows the rule embodied in the RTKL. The OOR also notes that the RTKL provides a strong presumption of openness and places the burden of proving the nonpublic nature of a record on the agency by the preponderance of evidence. The OOR rejects as a matter of interpretation and common sense that every inquiry and activity conducted by an agency rises to the level of noncriminal investigation ...”
The OOR concluded, however, that the transcript could be withheld.
“While the firm’s operational review may not rise to the level of an investigation, the transcript at issue was created as part of an investigation by the district into these allegations. As such, we find that the transcript is a record that qualifies as an investigative record.”
Nelle vs. Penn-Delco School District -- AP 2009-0477
Denied: Penn-Delco School District records that the district said either did not exist or were part of a noncriminal investigation.
Two parts of the request were for records relating to district defense of a lawsuit against a former school board member. The school district provided sworn affidavits to the Office of Open Records that these records did not exist.
The third part of the request was for part of an operational review that included the transcript of an interview with an unidentified person by the district solicitor. The district argued that it was protected from release as part of a noncriminal investigation into allegations of wrongdoing by a district employee, and cited the OOR’s previous ruling in Martucci vs. Department of State AP 2009-0437.
The requester argued that the district released the transcript to the law firm preparing an operational review, which did not constitute a non-criminal investigation.
The OOR, while ultimately siding with the district that it was entitled to withhold the transcript, stated the following:
“The OOR notes at the outset that [the noncriminal investigations exception] has the potential to be the exception that swallows the rule embodied in the RTKL. The OOR also notes that the RTKL provides a strong presumption of openness and places the burden of proving the nonpublic nature of a record on the agency by the preponderance of evidence. The OOR rejects as a matter of interpretation and common sense that every inquiry and activity conducted by an agency rises to the level of noncriminal investigation ...”
The OOR concluded, however, that the transcript could be withheld.
“While the firm’s operational review may not rise to the level of an investigation, the transcript at issue was created as part of an investigation by the district into these allegations. As such, we find that the transcript is a record that qualifies as an investigative record.”
Nelle vs. Penn-Delco School District -- AP 2009-0477