Final Determination Record

Lowe v. Duryea Borough

OOR Dkt. No.: AP 2017-0543
Case Status: Partially Granted

Luzerne

Request for police dispatch reports and an identified police report. Agency proved that certain records do not exist and that the police report relates to a noncriminal investigation; however, agency did not prove that the police dispatch reports are related to either criminal or noncriminal investigations. Granted in part, denied in part.

  • Section 708(b)(16) - Criminal investigation records
  • Section 708(b)(16)(ii) Investigative materials, notes, correspondence, videos and reports.
  • Section 708(b)(16)(iii) A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.
  • Section 708(b)(16)(iv) A record that includes information made confidential by law or court order.
  • Section 708(b)(16)(v) Victim information, including any information that would jeopardize the safety of the victim.
  • (Section 708(b)(16)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. (B) Deprive a person of the right to a fair trial or an impartial adjudication. (C) Impair the ability to locate a defendant or codefendant. (D) Hinder an agencys ability to secure an arrest, prosecution or conviction. (E) Endanger the life or physical safety of an individual. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S.  9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S.  3754(b) (relating to accident prevention investigations).
  • Section 708(b)(17) - Noncriminal investigative records
  • Section 708(b)(17)(ii) Investigative materials, notes, correspondence and reports
  • Section 708(b)(17)(iii) A record that includes the identity of a confidential source, including individuals subject to the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law.
  • Section 708(b)(17)(iv) A record that includes information made confidential by law.
  • Section 708(b)(17)(v) Work papers underlying an audit.
  • Section 708(b)(17)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification or revocation of a license, permit, registration, certification or similar authorization issued by an agency or an executed settlement agreement unless the agreement is determined to be confidential by a court. (B) Deprive a person of the right to an impartial adjudication. (C) Constitute an unwarranted invasion of privacy. (D) Hinder an agencys ability to secure an administrative or civil sanction. (E) Endanger the life or physical safety of an individual.
  • Section 708(b)(18) - 911 recordings
  • Section 708(b)(18)(ii) This paragraph shall not apply to a 911 recording, or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.
  • Records Do Not Exist
  • Section 708(a) - Agency Failed to meet burden
  • Mediation Requested

Filings Received by OOR
Filed Adjudicator Description or File Name Document
04/21/2017 2017-0543_Lowe_DuryeaBorough_FD.pdf
04/21/2017 2017-0543_Lowe_DuryeaBorough_FD_AMENDED.pdf