Final Determination Record

McGraw v. Wilkes-Barre City

OOR Dkt. No.: AP 2019-1909
Case Status: Partially Granted: Moot


Request sought records complaints submitted to the City Health Department and complaints made to the Department about an identified employee. Agency provided records on appeal. Agency proved that no additional records responsive to a portion of the Request exist within its possession, custody or control. Agency proved that certain records are exempt employee information but did not prove other are exempt employee information. Granted in part, denied in part, dismissed as moot in part.

  • 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
  • Records Do Not Exist

Filings Received by OOR
Filed Adjudicator Description or File Name Document
11/27/2019 2019-1909_McGraw-WilkesBarre_FD.pdf