Denied: Inspection records not in school district's possession
Denied: A request for electrical
inspection reports for the new high school from
the North Pocono School District. The district
denied the request, noting that it was not in
possession of the records.
From
the Pennsylvania Freedom of Information Coalition
Denied: A request for electrical inspection reports for the new high school from the North Pocono School District. The district denied the request, noting that it was not in possession of the records.
In response to the Office of Open Records upon appeal of the denial, the district noted that it had directed the requester to Covington Township, whose building inspector maintains the records. The district provided sworn statements to the OOR that it never had the reports requested in its possession.
"Because the school district did not possess or control the records," the OOR wrote, "and never had such records to provide, its denial of access was proper."
The OOR noted that the while the district did direct the requester to the proper agency to obtain the records, it failed to advise the requester of his appeal rights, as required by the Right to Know Law.
Pendrak vs. North Pocono School District -- AP 2009-0963
Denied: A request for electrical inspection reports for the new high school from the North Pocono School District. The district denied the request, noting that it was not in possession of the records.
In response to the Office of Open Records upon appeal of the denial, the district noted that it had directed the requester to Covington Township, whose building inspector maintains the records. The district provided sworn statements to the OOR that it never had the reports requested in its possession.
"Because the school district did not possess or control the records," the OOR wrote, "and never had such records to provide, its denial of access was proper."
The OOR noted that the while the district did direct the requester to the proper agency to obtain the records, it failed to advise the requester of his appeal rights, as required by the Right to Know Law.
Pendrak vs. North Pocono School District -- AP 2009-0963