Final Determination Record

Yakim v. Gateway School District

OOR Dkt. No.: AP 2017-1686
Case Status: Partially Granted: Moot

Allegheny

Request sought emails regarding food service. Agency provided access to certain records on appeal. Agency proved that certain records are protected by the attorney-client privilege and attorney-work product doctrine. Agency proved that certain records are internal, predecisional and deliberative. Granted in part, denied in part and dismissed as moot in part.

  • Section 708(b)(6)(i) - Personal identification information
  • Section 708(b)(6)(ii) - Name, position, salary, actual compensation or other payments or expenses, employment contract
  • Section 708(b)(6)(iii) An agency may redact the name or other identifying information relating to an individual performing an undercover or covert law enforcement activity from a record
  • 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.
  • 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
12/07/2017 2017-1686_Yakim_GatewaySD_FD.pdf