Final Determination Record

Toye v. Fayette County

OOR Dkt. No.: AP 2016-1399
Case Status: Granted


Request sought e-mails, memos and written correspondence relating to the locking of a door to the county commissioner’s office. Agency did not prove that the records are internal, predecisional and deliberative, likely to result in personal harm, likely to jeopardize public safety or are employee data. Granted.

Requester checked additional 30 day box - FD now due 10/21/16

  • Section 708(b)(1)(i) - result in the loss of Federal or State funds
  • Section 708(b)(1)(ii) - risk of physical harm to or the personal security of an individual
  • Section 708(b)(2) - jeopardizes or threatens public safety or preparedness or public protection activity
  • Section 708(b)(7) - Agency employee records
  • Section 708(b)(7)(ii) A performance rating or review
  • Section 708(b)(7)(iii) The result of a civil service or similar test administered by a Commonwealth agency, legislative agency or judicial agency. The result of a civil service or similar test administered by a local agency shall not be disclosed if restricted by a collective bargaining agreement. Only test scores of individuals who obtained a passing score on a test administered by a local agency may be disclosed.
  • Section 708(b)(7)(iv) The employment application of an individual who is not hired by the agency
  • Section 708(b)(7)(ix) An academic transcript
  • Section 708(b)(7)(v) Workplace support services program information
  • Section 708(b)(7)(vi) Written criticisms of an employee
  • Section 708(b)(7)(vii) Grievance material, including documents related to discrimination or sexual harassment
  • Section 708(b)(7)(viii) Information regarding discipline, demotion or discharge contained in a personnel file. This subparagraph shall not apply to the final action of an agency that results in demotion or discharge
  • Section 708(b)(10) - Internal, predecisional deliberations and strategy.
  • Section 708(b)(10)(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.
  • Section 708(b)(10)(iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds.
  • Section 708(b)(10)(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.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
10/18/2016 2016-1399_Toye_FayetteCounty_FD.pdf