Department of Corrections v. Office of Open Records
2011 Pa. Commw. LEXIS 164
| Pa. Commw. Ct. | 2011Background
- Request sought the medical license information of a sick-call nurse; DOC denied due to lack of specificity.
- Open Records reviewed the denial and issued a determination addressing the merits, not the deficiency issue.
- Open Records accepted Requester's appeal as amicus-like proceeding despite it being arguably deficient.
- DOC argued the appeal failed to meet Section 1101(a) specificity and raised the medical-record exemption.
- Court held Open Records erred by not dismissing the deficient appeal and reversed its final determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Open Records' standing to participate | Open Records is aggrieved by release decisions. | Open Records is not a party; it can be amicus. | Open Records has no party status; may participate as amicus. |
| Compliance with 1101(a) specificity requirement | Requester failed to state grounds and address denial. | Appeal suffices if face shows RTKL challenge. | Requester's appeal deficient under 1101(a). |
| Duty to address agency grounds for denial | Appellant need not address all grounds stated by agency. | Applicant must address agency's grounds to deny. | Requester must address grounds; deficiency revives review concerns. |
| Remedy for a deficient appeal | Open Records should fix deficiencies rather than dismiss. | Open Records may determine merits despite defects. | Court reverses due to Open Records' failure to remedy or deny properly. |
| Effect of remedy on the agency's denial merits | If properly reviewed, DOC's denial may be sustained. | Merits of denial proceed on the record. | Remand not required; reversal of Open Records' determination suffices. |
Key Cases Cited
- East Stroudsburg Univ. Found. v. Office of Open Records, 995 A.2d 496 (Pa. Cmwlth. 2010) (Open Records lacks standing to defend its decisions)
- Martella v. Dep't of Transp., 841 A.2d 633 (Pa.Cmwlth. 2004) (exceptions serve for error correction; burden to point out defects)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (broad standard of review; appellate power to correct agency errors)
- Stein v. Plymouth Twp., 994 A.2d 1179 (Pa. Cmwlth. 2010) (plenary review; record includes multiple sources and may involve in camera review)