Final Determination Record

Campbell v. Lehighton Area School District

OOR Dkt. No.: AP 2018-2187
Case Status: Pending in Common Pleas

Carbon

Request seeks, among other things, records related to the reasons why a school board retained a law firm. The District proved (1) a screen shot does not exist, (2) some records are subject to redaction under the attorney client privilege (3) some records were properly withheld under the attorney client privilege and (4) some records could be redacted for computer security. The District did not prove records could be redacted for student information or employee criticism. Granted in part and denied in part.

  • Section 708(b)(4) - jeopardizes computer security
  • 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
  • Refer to other section of RTKL
  • Records Do Not Exist
  • Exempt under FERPA
  • Exempt under Attorney-Client Privilege

Filings Received by OOR
Filed Adjudicator Description or File Name Document
01/30/2019 2018-2187_Campbell_LehightonAreaSD_FD.pdf
02/28/2019 Carbon Court of Common Pleas Petition for Review - Requester
03/01/2019 Carbon Court of Common Pleas Petition for Review - Agency
03/06/2019 Carbon Court of Common Pleas Refiled Petition for Review
05/13/2019 Carbon Court of Common Pleas Court Notice - Hearing or Argument
05/23/2019 Carbon Court of Common Pleas Requester - Notice of Non Participation
06/10/2019 Carbon Court of Common Pleas Brief in Support
06/25/2019 Carbon Court of Common Pleas Petition to File Amicus Brief
07/15/2019 Carbon Court of Common Pleas Court Order
08/15/2019 Carbon Court of Common Pleas OOR Brief - Amicus Curiae
09/06/2019 Carbon Court of Common Pleas Agency Reply Brief