Final Determination Record

Patnode v. Lower Paxton Township

OOR Dkt. No.: AP 2020-0751
Case Status: Transferred


Request sought emails mentioning himself and records related to a polygraph examination. Agency proved that no emails exist. The OOR lacks jurisdiction over records related to a criminal investigation in the possession of a local agency. Denied in part and transferred in part to the Dauphin County District Attorney’s Office pursuant to Section 503(d)(2).

  • Section 708(b)(16) - Criminal investigation records
  • Section 708(b)(16)(ii) Investigative materials, notes, correspondence, videos and reports.
  • Section 708(b)(16)(iii) A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.
  • Section 708(b)(16)(iv) A record that includes information made confidential by law or court order.
  • Section 708(b)(16)(v) Victim information, including any information that would jeopardize the safety of the victim.
  • (Section 708(b)(16)(vi) A record that, if disclosed, would do any of the following: (A) Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. (B) Deprive a person of the right to a fair trial or an impartial adjudication. (C) Impair the ability to locate a defendant or codefendant. (D) Hinder an agencys ability to secure an arrest, prosecution or conviction. (E) Endanger the life or physical safety of an individual. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S.  9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S.  3754(b) (relating to accident prevention investigations).
  • Request was deemed denied.
  • Records Do Not Exist
  • Dismissed lack of jurisdiction
  • The agency invoked a 30 day extension to respond to the request.

Filings Received by OOR
Filed Adjudicator Description or File Name Document
05/21/2020 2020-0751_Patnode-LwrPaxtonTwp_FD.pdf