Final Determination Record

Schwemler v. Pennsylvania Department of Human Services

OOR Dkt. No.: AP 2017-0572
Case Status: Partially Granted


Request sought records related to a Request for Proposals. Agency proved that some records are exempt bidding materials, but did not prove with respect to other records. Likewise, agency proved that some records are internal, predecisional and deliberative, but did not prove this with respect to other records. Agency also proved that some records are protected by the attorney work-product doctrine. Finally, agency proved that no other records exist in its possession, custody or control. Granted in part and denied in part.

  • Section 708(b)(3) - endangers safety or physical security of building, public utility, resource, infrastructure, facility or information storage system
  • Section 708(b)(3)(ii) lists of infrastructure, resources and significant special events, including those defined by the Federal Government in the National Infrastructure Protections, which are deemed critical due to their nature and which result from risk analysis; threat assessments; consequences assessments; antiterrorism protective measures and plans; counterterrorism measures and plans; and security and response needs assessments
  • Section 708(b)(3)(iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems
  • Section 708(b)(6)(i) - Personal identification information
  • Section 708(b)(6)(ii) - Name, position, salary, actual compensation or other payments or expenses, employment contract
  • Section 708(b)(6)(iii) An agency may redact the name or other identifying information relating to an individual performing an undercover or covert law enforcement activity from a record
  • 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.
  • Section 708(b)(11) - Trade secret or confidential proprietary information.
  • Section 708(b)(12) - Notes and working papers
  • Section 708(b)(26) - Bid information
  • Privileged
  • Exempt under Attorney-Client Privilege
  • Exempt as Attorney Work Product
  • Section 703 - Specificity
  • The agency invoked a 30 day extension to respond to the request.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
07/14/2017 2017-0572_AtenaBetterHealth_DeptHumanServices_FD.pdf