25 A.3d 1294
Pa. Commw. Ct.2011Background
- requester sought Excel records detailing Commission employees' E-ZPass usage, identities, positions, interchanges used, and times/dates since Jan 3, 2010
- Commission denied the request; asserted records were not public under RTKL and relied on 74 Pa.C.S. § 8117 exemptions
- OOR granted in part and denied in part, allowing records of usage and employee positions but excluding names compiled from account transactions
- Commission sought to supplement record with new declarations; Court denied supplementation as second bite of the apple
- Court held that all information in 8117(d)(1)(i) is exempt, including vehicle movement records and other transaction-derived data, and that employee position info is exempt
- Final order affirmed in part and reversed in part: OOR’s denial on employee names stands, but records of usage and positions must be withheld
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 8117(d)(1)(i) exempt vehicle movement records from RTKL disclosure? | Murphy | Commission | Yes, records are exempt |
| Are Commission employees' names exempt because they are derived from account transactions? | Murphy | Commission | Yes, exempt under 8117(d)(1)(i) |
| Is 8117(b)(5) applicable to the requested E-ZPass data? | Murphy | Commission | Not necessary; exemption found under 8117(d)(1)(i) |
Key Cases Cited
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa. Cmwlth. 2010) (allows supplementation of record under certain conditions)
- Department of Conservation and Natural Resources v. Office of Open Records, 1 A.3d 929 (Pa. Cmwlth. 2010) (interprets Bowling's approach to supplementary evidence)