Pa. Supreme Court reinstates injunction barring release of school employees’ addresses
By Melissa Melewsky | Media Law Counsel, Pennsylvania Newspaper Association
On November 1, 2010, the Pennsylvania Supreme Court reinstated the preliminary injunction prohibiting the release of public school employees home addresses while the appeal is pending.
What does that mean to you? At some point, the Pa. Supreme Court will enter a final order on the appeal. It remains to be seen if the court will address only the procedural issue raised by the Commonwealth Court or address the merits of the case as well.
The Office of Open Records has changed course on its interpretation of the injunction. In response to the original injunction in 2009, the OOR directed that all public employees’ home addresses should be treated as non public under the RTKL. In response to the most recent court order, the OOR issued an advisory directing agencies to withhold only public school employees’ home addresses.
You can read the current OOR advisory below.
Until the Pennsylvania Supreme Court enters a final order, public school employees’ home addresses will not be released under the Right to Know Law, but agencies are required to release all other public employees’ home addresses in accordance with the law. In addition, these addresses are still public under voter registration, deeds, and court records.
From the Office of Open Records
On Monday, November 1, 2010, the Pennsylvania Supreme Court reinstated an injunction temporarily barring the release of home addresses of all public school employees.
This Court order means that local and state agencies should until further notice deny requests pursuant to the Right-to-Know Law for the home addresses of any public school employees. In denying such a request, the agency should refer to the definition of a public record under 65 P.S. § 67.102 and cite the Court order.
This Order also means that the Office of Open Records is also barred from ordering release of home addresses of public school employees temporarily.Please be advised that this court order only affects the home addresses of public school employees. No other home addresses are affected.
Further, there is no deadline for the Supreme Court to issue its final decision on the matter of home addresses of public school employees. As such, this injunction will remain in place until further order of the Court.
On November 1, 2010, the Pennsylvania Supreme Court reinstated the preliminary injunction prohibiting the release of public school employees home addresses while the appeal is pending.
What does that mean to you? At some point, the Pa. Supreme Court will enter a final order on the appeal. It remains to be seen if the court will address only the procedural issue raised by the Commonwealth Court or address the merits of the case as well.
The Office of Open Records has changed course on its interpretation of the injunction. In response to the original injunction in 2009, the OOR directed that all public employees’ home addresses should be treated as non public under the RTKL. In response to the most recent court order, the OOR issued an advisory directing agencies to withhold only public school employees’ home addresses.
You can read the current OOR advisory below.
Until the Pennsylvania Supreme Court enters a final order, public school employees’ home addresses will not be released under the Right to Know Law, but agencies are required to release all other public employees’ home addresses in accordance with the law. In addition, these addresses are still public under voter registration, deeds, and court records.
From the Office of Open Records
On Monday, November 1, 2010, the Pennsylvania Supreme Court reinstated an injunction temporarily barring the release of home addresses of all public school employees.
This Court order means that local and state agencies should until further notice deny requests pursuant to the Right-to-Know Law for the home addresses of any public school employees. In denying such a request, the agency should refer to the definition of a public record under 65 P.S. § 67.102 and cite the Court order.
This Order also means that the Office of Open Records is also barred from ordering release of home addresses of public school employees temporarily.Please be advised that this court order only affects the home addresses of public school employees. No other home addresses are affected.
Further, there is no deadline for the Supreme Court to issue its final decision on the matter of home addresses of public school employees. As such, this injunction will remain in place until further order of the Court.
