Final Determination Record

Abramson v. Lower Merion Township

OOR Dkt. No.: AP 2019-1267
Case Status: Pending in Common Pleas


Request seeks email correspondence. Agency proved that a portion of the responsive records were related to a noncriminal investigation; were internal, predecisional, and deliberative; were properly withheld pursuant to the attorney client privilege; and that certain information was confidential pursuant to the Local Taxpayers Bill of Rights Act. Granted in part and denied 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.
  • Section 708(b)(17) - Noncriminal investigative records
  • Section 708(b)(17)(ii) Investigative materials, notes, correspondence and reports
  • Section 708(b)(17)(iii) A record that includes the identity of a confidential source, including individuals subject to the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law.
  • Section 708(b)(17)(iv) A record that includes information made confidential by law.
  • Section 708(b)(17)(v) Work papers underlying an audit.
  • Section 708(b)(17)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification or revocation of a license, permit, registration, certification or similar authorization issued by an agency or an executed settlement agreement unless the agreement is determined to be confidential by a court. (B) Deprive a person of the right to an impartial adjudication. (C) Constitute an unwarranted invasion of privacy. (D) Hinder an agencys ability to secure an administrative or civil sanction. (E) Endanger the life or physical safety of an individual.
  • Other
  • Exempt under Attorney-Client Privilege
  • Exempt as Attorney Work Product
  • The agency invoked a 30 day extension to respond to the request.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
01/21/2020 Montgomery Court of Common Pleas Petition in Mandamus Action
12/18/2019 OOR Final Determination upon Reconsideration
11/27/2019 Agency Petition for Reconsideration Submission
11/18/2019 OOR Grant of Petition for Reconsideration
11/07/2019 Requester Petition for Reconsideration
11/07/2019 OOR Final Determination