Final Determination Record

Syme v. Pennsylvania Department of Transportation

OOR Dkt. No.: AP 2017-1742
Case Status: Denied: Moot


Request sought the Department Maintenance Efficiency and Cost Effectiveness Report. The Department provided records on appeal. The Department proved that the records reflect internal, predecisional deliberations. Denied in part, dismissed as moot in part.

  • 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.
  • Not in Possession, Custody, or Control of Agency
  • The agency invoked a 30 day extension to respond to the request.
  • The requester granted the OOR a 30 day extension to issue a final determination in the appeal.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
02/14/2020 2017-1742_Syme-PennDOT_FD.pdf