Denied: Appeal for judicial oaths, bonds State Dept. doesn't have
Denied: A request to the
Pennsylvania Department of State for copies of
bonds and oaths of office for four named judges.
The department had issued a denial of the
request, stating the records requested are not in
its possession.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to the Pennsylvania Department of State for copies of bonds and oaths of office for four judges. The department had issued a denial of the request, stating the records requested are not in its possession.
Upon review by the Office of Open Records, the department attested: "While the Department of State does serve as the repository for bonds and oaths of certain government officials, the particular individuals that were listed in the request do not have any bonds or oaths filed with the Department."
In its ruling, the OOR noted: "It is not a denial of access when an agency does not possess records, unless there is a legal obligation to obtain them. ... Here, the Department did not deny access as it does not have the records requested and is only obligated to make a good faith effort to locate any records and inform the requester regarding the results of that effort, which it did."
Jenkins vs. Pennsylvania Department of State -- AP 2009-0065
Denied: A request to the Pennsylvania Department of State for copies of bonds and oaths of office for four judges. The department had issued a denial of the request, stating the records requested are not in its possession.
Upon review by the Office of Open Records, the department attested: "While the Department of State does serve as the repository for bonds and oaths of certain government officials, the particular individuals that were listed in the request do not have any bonds or oaths filed with the Department."
In its ruling, the OOR noted: "It is not a denial of access when an agency does not possess records, unless there is a legal obligation to obtain them. ... Here, the Department did not deny access as it does not have the records requested and is only obligated to make a good faith effort to locate any records and inform the requester regarding the results of that effort, which it did."
Jenkins vs. Pennsylvania Department of State -- AP 2009-0065