Docket Sheet

Jonathan Stallard v. Sugarcreek Borough

OOR Dkt. No.: AP 2024-0443
Case Status: Partially Granted/Partially Denied

04/29/2024

03/07/2024

Miller-Smith, Daneen

Venango

Request sought police department training materials, email communication for an officer and the mayor of the Borough, and the officer's job application. The Borough did not reasonably interpret part of the Request. The Borough proved the Copyright Act prohibits the reproduction of copyrighted works, but the Borough must permit the Requester to inspect the responsive materials. The Borough did not prove the training materials are exempt pursuant to Section 708(b)(11). The Borough did not prove an officer's job application is exempt, but the Borough may redact personal identification information and information protected by the constitutional right to privacy. The Borough proved that some email communication is exempt pursuant to Section 708(b)(17). The responsive records may constitute criminal investigative records in the possession of a local agency pursuant to Section 708(b)(16) and shall be transferred to the Venango County District Attorney's Office pursuant to Section 503(d)(2). The Borough did not prove that some additional records do not exist in the Borough's possession, custody or control. Granted in part; denied in part; and transferred in part.

Clause Exemption Result
708 (b) (11) A record that constitutes or reveals a trade secret or confidential proprietary information. Granted
708 (b) (16) A record of an agency relating to or resulting in a criminal investigation, including: (i) Complaints of potential criminal conduct other than a private criminal complaint. (ii) Investigative materials, notes, correspondence, videos and reports. (iii) A r Transferred
708 (b) (17) A record of an agency relating to a noncriminal investigation, including: (i) Complaints submitted to an agency. (ii) Investigative materials, notes, correspondence and reports. (iii) A record that includes the identity of a confidential source, including Denied
708 (b) (6) (i) The following personal identification information: (A) A record containing all or part of a person's Social Security number; driver's license number; personal financial information; home, cellular or personal telephone numbers; personal email addresse Partially Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Exempt under Federal statute or regulation Partially Granted
Mediation Requested Mediation Requested
Not in Possession, Custody, or Control of Agency Not in Possession, Custody, or Control of Agency Granted
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.
Docket Entries
Filed Description Step Court Document
04/25/2024 OOR Final Determination Final Determination
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