Granted/Reversed: Printouts of tax lien information
March 13, 2009 Filed in: Granted
| Appealed to
court | Court
reversed | Appealed
to higher court | Aston Twp
| Compiled
records | Tax liens
| Tax
collectors | Record
format
Granted/Reversed: A request for
printouts of current tax year and lien
information for two Aston Township properties.
The Office of Open Records' determination in this
case was reversed by the court,
which ruled that the Township was under no
obligation to create the record sought.
From
the Pennsylvania Freedom of Information
Coalition
Granted/Reversed: A request for printouts of current tax year and lien information for two Aston Township properties. The Office of Open Records' determination in this case was reversed by the court, which ruled that the Township was under no obligation to create the record sought.
The township denied the request because the information was available electronically through the Delaware County website. The denial also stated that if certification was required, a written request could be submitted to the township's tax collector, along with the requisite fee.
The Office of Open Records noted that the electronic availability of documents does not relieve the township of its duty to provide records. The provision noted by the township in its original denial merely permit an agency to make its records available through publicly accessible electronic means, the OOR noted. Further, the open records law obligates an agency to convert documents to paper, if that is the request.
The OOR also noted the township's statement that the information requested would need to be assembled from multiple sources, which indicates that it exists in a form that can be assembled by the requester if provided:
"Mere assembly of a separate record from a series of existing records is not 'creation' of a document" under the Right to Know Law, the OOR noted. (The law does not require agencies to create or compile records that don't exist in the requested form.) "Regardless of whether there is a single screen, or multiple screens containing the requested information, if it exists, the township must provide it."
The court disagreed with the OOR's interpretation, saying that this would constitute creation of a record, which the township was under no obligation to do.
Signature vs. Aston Township -- AP 2009-0072
APPEALED TO DELAWARE COUNTY COURT: April 9, 2009
JUDICIAL DECISION May 27, 2009 – OOR DETERMINATION REVERSED
APPEALED TO COMMONWEALTH COURT: June 23, 2009
Granted/Reversed: A request for printouts of current tax year and lien information for two Aston Township properties. The Office of Open Records' determination in this case was reversed by the court, which ruled that the Township was under no obligation to create the record sought.
The township denied the request because the information was available electronically through the Delaware County website. The denial also stated that if certification was required, a written request could be submitted to the township's tax collector, along with the requisite fee.
The Office of Open Records noted that the electronic availability of documents does not relieve the township of its duty to provide records. The provision noted by the township in its original denial merely permit an agency to make its records available through publicly accessible electronic means, the OOR noted. Further, the open records law obligates an agency to convert documents to paper, if that is the request.
The OOR also noted the township's statement that the information requested would need to be assembled from multiple sources, which indicates that it exists in a form that can be assembled by the requester if provided:
"Mere assembly of a separate record from a series of existing records is not 'creation' of a document" under the Right to Know Law, the OOR noted. (The law does not require agencies to create or compile records that don't exist in the requested form.) "Regardless of whether there is a single screen, or multiple screens containing the requested information, if it exists, the township must provide it."
The court disagreed with the OOR's interpretation, saying that this would constitute creation of a record, which the township was under no obligation to do.
Signature vs. Aston Township -- AP 2009-0072
APPEALED TO DELAWARE COUNTY COURT: April 9, 2009
JUDICIAL DECISION May 27, 2009 – OOR DETERMINATION REVERSED
APPEALED TO COMMONWEALTH COURT: June 23, 2009