Denied: Records not in agency's possession; OOR asks agency to help requester
April 17, 2009 Filed in: Denied
| Appealed to
court | Dept. of
State | Record
not in possession | Redirecting
requests
Denied: A request to the
Secretary of the Commonwealth, handled by the
Department of State, for oaths of office for
three judges. The department said it did not have
the records requested; the Office of Open Records
asked the department to direct the requester to
the proper agency.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to the Secretary of the Commonwealth, handled by the Department of State, for oaths of office for three judges. The department said it did not have the records requested; the Office of Open Records asked the department to direct the requester to the proper agency.
The requester had been directed by another agency to make his request to the Secretary of the Commonwealth. The Department of State responded that it did not have the records sought.
The OOR noted that the requester was trying to obtain a copy of a record that should be filed and open to the public, however, he has been stymied in his pursuit of the proper agency. The OOR noted that an agency's open records office is required to direct a requester to the appropriate persons in another agency if known.
"The OOR finds that since [the requester] was misdirected to the department, to the extent the department is able to redirect him to the proper agency, it should do so." It asked the Department of State to tell the requester what agency his requests should have been directed to, so that he may obtain the oaths of office he seeks.
Robinson vs. Department of State -- AP 2009-0198
APPEALED TO COMMONWEALTH COURT: May 7, 2009
Denied: A request to the Secretary of the Commonwealth, handled by the Department of State, for oaths of office for three judges. The department said it did not have the records requested; the Office of Open Records asked the department to direct the requester to the proper agency.
The requester had been directed by another agency to make his request to the Secretary of the Commonwealth. The Department of State responded that it did not have the records sought.
The OOR noted that the requester was trying to obtain a copy of a record that should be filed and open to the public, however, he has been stymied in his pursuit of the proper agency. The OOR noted that an agency's open records office is required to direct a requester to the appropriate persons in another agency if known.
"The OOR finds that since [the requester] was misdirected to the department, to the extent the department is able to redirect him to the proper agency, it should do so." It asked the Department of State to tell the requester what agency his requests should have been directed to, so that he may obtain the oaths of office he seeks.
Robinson vs. Department of State -- AP 2009-0198
APPEALED TO COMMONWEALTH COURT: May 7, 2009