Docket Sheet

Gary Sample v. East Petersburg Borough

OOR Dkt. No.: AP 2026-2065
Case Status: Partially Denied: Partially Moot

06/29/2026

06/08/2026

Hartranft, Lyle

Lancaster

Request sought records related to the future administrative building. The appeal is moot in part as to the records provided on appeal. Bid proposals are exempt from access under Section 708(b)(26) of the RTKL. The agency demonstrated that some records are exempt internal, predecisional and deliberative records under Section 708(b)(10)(i)(A). The agency demonstrated that there are no additional records responsive to the Request.

Clause Exemption Result
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency , including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations. (B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation. (ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A record which is not otherwise exempt from access under this act and which is presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record. (iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds. (iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion. Denied
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
Dismissed as moot Dismissed as moot Dismissed
Not in Possession, Custody, or Control of Agency Not in Possession, Custody, or Control of Agency Denied
Docket Entries
Filed Description Step Court Document
06/24/2026 OOR Final Determination Final Determination
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