Docket Sheet

Carmela Ciliberti v. Avon Grove School District

OOR Dkt. No.: AP 2023-1904
Case Status: Partially Granted/Partially Denied



Eilers, Blake


Request sought various records related to the unauthorized display of student-created posters, the subsequent removal of the posters, employee involvement and the agency's response. The agency provided some records on appeal and proved that others do not exist in its possession, custody or control. Certain items require legal research or are otherwise insufficiently specific to enable the agency to respond. The agency did not prove that the disclosure of surveillance footage would be reasonably likely to threaten building security. Agency must redact student images from the surveillance footage, but since it does not have the ability to perform the redactions, it is permitted to demand prepayment for the cost of contracting out the redaction. Agency met its burden of proving that employee evaluations are exempt from disclosure. Agency properly redacted privileged material from an email. Agency met its burden of proving that a document with the ages of students does not exist, providing their ages requires more than simply drawing information from a database, and the dates of birth of minors are exempt from disclosure. Agency must provide certain responsive records. Granted in part, denied in part and dismissed as moot in part.

Clause Exemption Result
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 Granted
708 (b) (7) The following records relating to an agency employee: (i) A letter of reference or recommendation pertaining to the character or qualifications of an identifiable individual, unless it was prepared in relation to the appointment of an individual to fill a Denied
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Mediation Requested Mediation Requested
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
PA or US Constitution 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
11/21/2023 OOR Final Determination Final Determination
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