Granted: Scranton tax office employee job applications
May 18, 2009 Filed in: Granted
| Scranton
| Agency
non-compliance | Personal
information | Job
applications
Granted: A request for job
applications of current and former employees of
the Scranton Single Tax Office, after redaction
of personal identification information allowed by
the Right to Know Law to be protected. The agency
had supplied employee lists but not the job
applications.
From
the Pennsylvania Freedom of Information Coalition
Granted: A request for job applications of current and former employees of the Scranton Single Tax Office, after redaction of personal identification information allowed by the Right to Know Law to be protected. The agency had supplied employee lists but not the job applications.
The Office of Open Records noted that the agency cited the personal identification information exemption in the Right to Know Law as its sole basis for not disclosing employment applications, with the agency telling the requester that once protected information was redacted from the applications, there would be nothing left for the requester to see except for name, position and date of application.
The OOR noted that the agency failed to cite the legal basis for the denial, and also did not provide the requester with appeal instructions.
"The agency contends that because the job applications and resumes sought in the request contain 'personal identification information' defined under and protected by Section 708(b)(6)(i), that the remainder of the job applications are not public records. The agency’s position is incorrect and untenable."
The OOR noted that this provision of the RTKL does not protect employee home addresses, unless the employee is a judge or law enforcement officer, and agreed with the requester that job applications "should contain more than the protected information, and names and positions, including information not protected under this exception."
Further, the OOR stated that the RTKL intends the employment applications of hired agency employees to be accessible to the public. "In this way, the public can assess an agency's criteria for hiring and fitness to perform agency functions."
Schillinger vs. Single Tax Office -- AP 2009-0315
Granted: A request for job applications of current and former employees of the Scranton Single Tax Office, after redaction of personal identification information allowed by the Right to Know Law to be protected. The agency had supplied employee lists but not the job applications.
The Office of Open Records noted that the agency cited the personal identification information exemption in the Right to Know Law as its sole basis for not disclosing employment applications, with the agency telling the requester that once protected information was redacted from the applications, there would be nothing left for the requester to see except for name, position and date of application.
The OOR noted that the agency failed to cite the legal basis for the denial, and also did not provide the requester with appeal instructions.
"The agency contends that because the job applications and resumes sought in the request contain 'personal identification information' defined under and protected by Section 708(b)(6)(i), that the remainder of the job applications are not public records. The agency’s position is incorrect and untenable."
The OOR noted that this provision of the RTKL does not protect employee home addresses, unless the employee is a judge or law enforcement officer, and agreed with the requester that job applications "should contain more than the protected information, and names and positions, including information not protected under this exception."
Further, the OOR stated that the RTKL intends the employment applications of hired agency employees to be accessible to the public. "In this way, the public can assess an agency's criteria for hiring and fitness to perform agency functions."
Schillinger vs. Single Tax Office -- AP 2009-0315