Docket Sheet

Michael Long v. Bath Borough

OOR Dkt. No.: AP 2022-2675
Case Status: Partially Granted/Partially Denied

02/27/2023

02/13/2023

Hecker, Catherine

Northampton

Requester sought financial documents and communications relating to the Borough, the mayor's health insurance, and the borough manager's employment contract. The Borough provided responsive records on appeal and proved that certain portions of the Request are insufficiently specific, certain records do not exist, and certain records do not exist in the requested format. The Borough failed to prove that certain portions of the Request are insufficiently specific and that certain financial records are exempt under Sections 708(b)(3), (b)(4), (b)(6), and (b)(11). The OOR declines to make a finding of bad faith. Granted in part, denied in part, dismissed in part, and dismissed as moot in part.

Clause Exemption Result
708 (b) (11) A record that constitutes or reveals a trade secret or confidential proprietary information. Granted
708 (b) (3) A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include: (i) documents or data relating to computer hardware, source files, software and system networks that could jeopardize computer security by exposing a vulnerability in preventing, protecting against, mitigating or responding to a terrorist act; (ii) lists of infrastructure, resources and significant special events, including those defined by the Federal Government in the National Infrastructure Protections, which are deemed critical due to their nature and which result from risk analysis; threat assessments; consequences assessments; antiterrorism protective measures and plans; counterterrorism measures and plans; and security and response needs assessments; and (iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems. Granted
708 (b) (4) A record regarding computer hardware, software and networks, including administrative or technical records, which, if disclosed, would be reasonably likely to jeopardize computer security. Granted
708 (b) (6) The following personal identification information: Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Creation, Compilation, or Formatting of Record Creation, Compilation, or Formatting of Record Denied
Dismissed as moot Dismissed as moot
Exempt under Attorney-Client Privilege Exempt under Attorney-Client Privilege Granted
Records Do Not Exist Records Do Not Exist Denied
Requester Granted Extension to OOR The requester granted the OOR a 30, 60, or 90 day extension to issue a final determination in the appeal.
Section 703 - Specificity Section 703 - Specificity Denied
Docket Entries
Filed Description Step Court Document
02/24/2023 OOR Final Determination Final Determination
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