Department of Transportation v. Office of Open Records
2010 Pa. Commw. LEXIS 575
| Pa. Commw. Ct. | 2010Background
- Requester sought traffic studies and sight distance measurements for the Washington Boulevard–Shiffler Avenue intersection in Loyalsock Township and related documents from the Department of Transportation under RTKL.
- The Department denied several items, including traffic/engineering studies and sight distance records, citing 3754 and related RTKL exemptions; accident reports were denied under 3751.
- OOR granted part of the appeal and ordered disclosure of traffic/engineering studies and sight distance records while upholding other denials.
- The Department petitioned for review, arguing exemptions under 3754 and 708(b)(17) and sought to modify the certified record to include OOR’s response and the Department’s affidavit.
- The court granted the Department’s Application to Modify Certified Record to include the OOR Response and Affidavit and addressed whether 3754 and 708(b)(17) exempt the disputed records.
- Ultimately, the court affirmed the OOR’s order to disclose the traffic/engineering studies and sight distance records, and held the 708(b)(17) rationale was waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sight distance measurements and traffic studies are exempt under 3754 | Aris contends not exempt; 3754 creates an evidentiary privilege but not blanket confidentiality. | Department maintains these records are safety-study materials protected by 3754(b) and exempt from disclosure. | Not exempt; records do not meet the specific 3754(b) use requirement. |
| Whether the 708(b)(17) noncriminal investigative exemption applies to sight distance/traffic studies | Aris argues exemptions avoid disclosure only if properly invoked in initial response. | Department would rely on 708(b)(17) to withhold as noncriminal investigative records. | Waived; 708(b)(17) not preserved due to failure to raise in initial response. |
| Whether the record on appeal should be modified to include the OOR Response and Affidavit | Aris/Ward should not include extra materials beyond certified record. | Department argues the evidentiary materials admitted by the OOR should be in the record. | Application to Modify Certified Record granted; record expanded to include OOR Response and Affidavit. |
Key Cases Cited
- Department of Transportation v. Taylor, 576 Pa. 622 (Pa. 2004) (establishes Section 3754(b) as an absolute narrow evidentiary privilege for safety studies)
- Signature Information Solutions, LLC v. Aston Township, 995 A.2d 510 (Pa.Cmwlth.2010) (agency cannot rely on arguments not raised in initial denial)
- East Stroudsburg University Foundation v. Office of Open Records, 995 A.2d 496 (Pa.Cmwlth.2010) (OOR generally lacks standing to defend decisions on appeal)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (broad review of OOR decisions; considers evidence before appeals officer)