Docket Sheet

Michael Long v. Bath Borough

OOR Dkt. No.: AP 2023-1083
Case Status: Partially Granted/Partially Denied

09/25/2023

05/25/2023

Isenberg, Kelly

Northampton

Requests sought electronic copies of financial records, email communications, Borough reports, utility bills, planning and traffic studies, records related to ARPA, and records related to the Borough's solid waste and recycling fund and billing. Audit trail – Borough proved that records do not exist. Denied. Emails with Requester's name and a keyword list – insufficiently specific under Sec. 703. Denied. Treasurer's reports were provide on appeal. Dismissed as moot. Auditor management representation letter Borough proved it was exempt under 708(b)(17)(v) as working papers underlying an audit. Denied. Legal Invoices – Borough proved that there are no invoice records that are identified or broken out as services specifically for RTKL requests and the redactions are protected under the attorney-client privilege. Borough proved no additional ARPA records exist. Denied. Borough did not prove that electric bills and related information are insufficiently specific or overly burdensome to provide. Granted. Borough proved that some planning studies records are by copyright Denied. Borough did not conduct a good faith search for solid waste and recycling fund records or prove that this portion of the request is insufficiently specific. Granted.

Clause Exemption Result
708 (b) (17) A record of an agency relating to a noncriminal investigation
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Dismissed as moot Dismissed as moot Dismissed
Exempt under Federal statute or regulation Partially Granted
Not in Possession, Custody, or Control of Agency Not in Possession, Custody, or Control of Agency Denied
Other Section of RTKL Refer to other section of RTKL 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 Partially Granted
Docket Entries
Filed Description Step Court Document
09/22/2023 OOR Final Determination Final Determination
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