Denied: Parking records not in agency's possession
Denied: A request for records
related to a parking citation the requester
received from the Philadelphia Parking Authority.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request for records related to a parking citation the requester received from the Philadelphia Parking Authority.
After apparently failing to receive the initial request, the agency denied a subsequent request for the same records, saying that it was not in possession of the records requested, and advising the requester to submit the request directly to the City of Philadelphia.
In its ruling on the appeal, the Office of Open Records noted that the agency cannot be compelled to produce something it does not have, and that the authority submitted an affidavit swearing as to its non-possession of the records.
“The authority is a legally distinct entity that is independent of the city, such that the city’s records cannot be presumed to be within the authority’s control,” the OOR wrote.
Lerner vs. City of Philadelphia Parking Authority -- AP 2009-0538
Denied: A request for records related to a parking citation the requester received from the Philadelphia Parking Authority.
After apparently failing to receive the initial request, the agency denied a subsequent request for the same records, saying that it was not in possession of the records requested, and advising the requester to submit the request directly to the City of Philadelphia.
In its ruling on the appeal, the Office of Open Records noted that the agency cannot be compelled to produce something it does not have, and that the authority submitted an affidavit swearing as to its non-possession of the records.
“The authority is a legally distinct entity that is independent of the city, such that the city’s records cannot be presumed to be within the authority’s control,” the OOR wrote.
Lerner vs. City of Philadelphia Parking Authority -- AP 2009-0538