Denied: Letters of complaint against requesters, as non-criminal investigation records
August 03, 2009 Filed in: Denied
| Worcester
Twp | Complaints
| Non-criminal
investigations | Agency
discretion
Denied: A request to Worcester
Township for written complaints made about the
requesters. The township had denied the request,
citing the Right to Know Law provision allowing
agencies to withhold non-criminal investigative
records dealing with complaints.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to Worcester Township for written complaints made about the requesters. The township had denied the request, citing the Right to Know Law provision allowing agencies to withhold non-criminal investigative records dealing with complaints.
The citizens, in an appeal to the Office of Open Records, noted that the township’s open records officer, who is also the township manager, did not object to providing the complaints, but told them that the Right to Know Law forbade it.
In its correspondence to the township while investigating the appeal, the OOR noted that the RTKL gives agencies discretion as to whether to invoke any of the 30 exceptions provided under the law.
The township provided documents to the OOR that showed a non-criminal investigation was being conducted into a neighbor’s complaints against the requesters regarding zoning laws and conditions for a granted variance. The OOR agreed these documents met the township’s burden of proving that the exemption applied.
“The OOR finds that the township established that a noncriminal investigation of the citizens’ property and their compliance with zoning law and a variance granted to them is ongoing, and that the records sought are complaints that triggered that investigation.”
DePhillippo vs. Worcester Township -- AP 2009-0575
Denied: A request to Worcester Township for written complaints made about the requesters. The township had denied the request, citing the Right to Know Law provision allowing agencies to withhold non-criminal investigative records dealing with complaints.
The citizens, in an appeal to the Office of Open Records, noted that the township’s open records officer, who is also the township manager, did not object to providing the complaints, but told them that the Right to Know Law forbade it.
In its correspondence to the township while investigating the appeal, the OOR noted that the RTKL gives agencies discretion as to whether to invoke any of the 30 exceptions provided under the law.
The township provided documents to the OOR that showed a non-criminal investigation was being conducted into a neighbor’s complaints against the requesters regarding zoning laws and conditions for a granted variance. The OOR agreed these documents met the township’s burden of proving that the exemption applied.
“The OOR finds that the township established that a noncriminal investigation of the citizens’ property and their compliance with zoning law and a variance granted to them is ongoing, and that the records sought are complaints that triggered that investigation.”
DePhillippo vs. Worcester Township -- AP 2009-0575