Docket Sheet

Andrew Walz v. Washington County

OOR Dkt. No.: AP 2023-1000
Case Status: Pending in Common Pleas

07/19/2023

05/16/2023

Eilers, Blake

Washington

Request sought a study detailing radio coverage, requests for proposals ("RFPs"), the final proposal and pricing information. On appeal, agency provided some pricing information. The agency is barred by the doctrine of res judicata from arguing that disclosure of the study is likely to threaten safety or security The selected proposal is not yet available under the Procurement Code because no final contract has been executed. Agency has not proven that disclosure of the RFPs is reasonably likely to threaten public safety, endanger physical security or jeopardize computer security. Agency has not proven that the RFPs are records relating to audio, telephone or radio transmissions received by emergency dispatch personnel. Granted in part, denied in part and dismissed as moot in part.

Clause Exemption Result
708 (b) (18) (i) Records or parts of records, except time response logs, pertaining to audio recordings, telephone or radio transmissions received by emergency dispatch personnel, including 911 recordings. (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. Granted
708 (b) (2) A record maintained by an agency in connection with the military, homeland security, national defense, law enforcement or other public safety activity that, if disclosed, would be reasonably likely to jeopardize or threaten public safety or preparedness or public protection activity or a record that is designated classified by an appropriate Federal or State military authority. Granted
708 (b) (26) A proposal pertaining to agency procurement or disposal of supplies, services or construction prior to the award of the contract or prior to the opening and rejection of all bids; financial information of a bidder or offeror requested in an invitation for bid or request for proposals to demonstrate the bidder's or offeror's economic capability; or the identity of members, notes and other records of agency proposal evaluation committees established under 62 Pa.C.S. ยง 513 (relating to competitive sealed proposals). Denied
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
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Dismissed as moot Dismissed as moot
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.
Docket Entries
Filed Description Step Court Document
09/15/2023 OOR Certified Record Court Filing Court of Common Pleas (CV-2023-4414)
08/11/2023 Agency Petition for Review Court Filing Court of Common Pleas (CV-2023-4414)
07/18/2023 OOR Final Determination Final Determination
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