PHILADELPHIA DISTRICT ATTORNEY’S OFFICE, · PDF filePHILADELPHIA DISTRICT...
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No. 1952 CD 2016 _________________ IN THE COMMONWEALTH COURT OF PENNSYLVANIA ___________________________________________ PHILADELPHIA DISTRICT ATTORNEY’S OFFICE, Appellant, v. GREGORY STOVER, Appellee. ___________________________________________ REPRODUCED RECORD FOR THE PHILADELPHIA DISTRICT ATTORNEY’S OFFICE AS APPELLANT ___________________________________________ Appeal from the October 20, 2016 order of the Philadelphia Court of Common Pleas, entered in Civil Action No. 00583 in the November Term of 2015. MICHAEL SCALERA Assistant District Attorney Counsel of Record PHILADELPHIA DISTRICT ATTORNEY’S OFFICE Three South Penn Square Philadelphia, PA 19107-3499 (215) 686-5774 [email protected] Received 1/18/2017 3:03:38 PM Commonwealth Court of Pennsylvania Filed 1/18/2017 3:03:00 PM Commonwealth Court of Pennsylvania 1952 CD 2016
Transcript of PHILADELPHIA DISTRICT ATTORNEY’S OFFICE, · PDF filePHILADELPHIA DISTRICT...
No. 1952 CD 2016 _________________
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
___________________________________________
PHILADELPHIA DISTRICT ATTORNEY’S OFFICE,
Appellant, v.
GREGORY STOVER, Appellee.
___________________________________________ REPRODUCED RECORD FOR THE PHILADELPHIA DISTRICT ATTORNEY’S OFFICE AS APPELLANT
___________________________________________
Appeal from the October 20, 2016 order of the Philadelphia Court of Common Pleas, entered in Civil Action No. 00583 in the November Term of 2015.
MICHAEL SCALERA Assistant District Attorney Counsel of Record PHILADELPHIA DISTRICT ATTORNEY’S OFFICE Three South Penn Square Philadelphia, PA 19107-3499 (215) 686-5774 [email protected]
Received 1/18/2017 3:03:38 PM Commonwealth Court of Pennsylvania
Filed 1/18/2017 3:03:00 PM Commonwealth Court of Pennsylvania1952 CD 2016
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CONTENTS
Docket, Court of Common Pleas, No. 151100583………………………….R.R. 001
Order, Court of Common Pleas, No. 151100583……………………………R.R. 007
Opinion, Court of Common Pleas, No. 151100583………………….......….R.R. 008
Final Determination, Pa. Office of Open Records, No. 2015-1801…...…….R.R. 013
Right to Know Law Request of Gregory Stover…………………………….R.R. 018
DAO Response to Right to Know Law Request…………………………….R.R. 023
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Case Description
Case ID: 151100583 Case Caption: PHILADELPHIA DISTRICT ATTORNEY'S OFFICE VS STOVER Filing Date: Wednesday, November 04th, 2015 Court: AGENCY APPEAL Location: City Hall Jury: NON JURY Case Type: MISC ADMINISTRATIVE AGENCY Status: ORDER ENTERED FINAL DISPOS
Related Cases
No related cases were found.
Case Event Schedule
No case events were found.
Case motions
No case motions were found.
Case Parties
Seq # Assoc ExpnDate Type Name
1 ATTORNEY FORAPPELLANT
SCALERA, MICHAEL
Address: THREE SOUTHPENN SQUARE CIVIL LITIGATION 13TH FLOOR PHILADELPHIA PA19107 (215)6865774
Aliases: none
2 1 APPELLANT PHILADELPHIA DISTRICTATTORNEY'S OFFICE
Address: THREE SOUTHPENN SQUARE PHILADELPHIA PA19107
Aliases: none
R.R. 001
3 APPELLEE STOVER, GREGORY
Address: #AS2152, SCIGRATERFORD 29 GRAVEL PIKERD. COLLEGEVILLE PA194260244
Aliases: none
4 01MAY2016
TEAM LEADER WRIGHT PADILLA, NINA
Address: 505 CITY HALL PHILADELPHIA PA19107 (215)6862892
Aliases: none
5 TEAM LEADER FLETMAN, ABBE F
Address: 229A CITY HALL PHILADELPHIA PA19107 (215)6862636
Aliases: none
Docket Entries
FilingDate/Time Docket Type Filing Party Disposition
AmountApproval/Entry Date
04NOV2015 04:10 PM
ACTIVE CASE 04NOV2015 04:17 PM
DocketEntry: EFiling Number: 1511009363
04NOV2015 04:10 PM
COMMENCEMENT BYAPPEAL
SCALERA,MICHAEL
04NOV2015 04:17 PM
Documents: Final Cover
DocketEntry: none.
04NOV2015 04:10 PM
NOTICE OF STATUTORYAPPEAL
SCALERA,MICHAEL
04NOV2015 04:17 PM
Documents: MS Stover CCP Notice of Appeal.pdf
R.R. 002
DocketEntry:
APPEAL FROM THE ADJUDICATION OF AGENCY/BOARD DECISIONRENDERED ON **.
04NOV2015 04:10 PM
CITY CHARGE SCALERA,MICHAEL
04NOV2015 04:17 PM
DocketEntry: none.
04NOV2015 04:10 PM
CASE MANAGEMENT ORDERISSUED
SCALERA,MICHAEL
04NOV2015 04:17 PM
Documents: CM Agency Appeal
DocketEntry: none.
10NOV2015 04:04 PM
WAITING/ISSUESCHEDULING ORDER
10NOV2015 04:04 PM
DocketEntry: none.
28DEC2015 10:07 AM
SCHEDULING ORDERISSUED
28DEC2015 10:07 AM
Documents: SASOI_7.pdf
DocketEntry:
It is hereby ORDERED as follows: 1. Record: The Agency subject to this appeal isORDERED to file its record with the Office of Judicial Records through the ExistingCase section of the Electronic Filing System for the Trial Division Civil availableonline at: http://courts.phila.gov by 07MAR2016 or risk sanctions. 2. Motions forExtraordinary Relief: Shall be electronically filed with the Civil Motions Programthrough the Motions section of the Electronic Filing System not later than 04APR2016. Any request for continuance should also be filed as a Motion for ExtraordinaryRelief. 3. Briefs: Appellant's brief is due by 04APR2016. Appellee's brief is due by02MAY2016. Briefs shall be electronically filed through the Existing Case section ofthe Electronic Filing System, and served upon all opponents. 4. Oral Argument: Onthe legal merits of this appeal will take place anytime after 06JUN2016. Notice ofthe scheduled date, time and location will be sent to all interested parties at leastfifteen (15) days prior the the scheduled event. Please note that once the argumentdate is set no continuances will be granted. Questions concerning this Order and itscontents shall be referred to Kara Kalogrias at [email protected] THE COURT: NINA WRIGHT PADILLA, J. 28DEC2015
28DEC2015 10:07 AM
LISTED FOR ORALARGUMENTS
28DEC2015 10:07 AM
DocketEntry: none.
R.R. 003
28DEC2015 10:07 AM
NOTICE GIVEN UNDER RULE236
28DEC2015 11:08 AM
DocketEntry:
NOTICE GIVEN ON 28DEC2015 OF SCHEDULING ORDER ISSUED ENTEREDON 28DEC2015.
04APR2016 04:46 PM
BRIEF SCALERA,MICHAEL
05APR2016 10:25 AM
Documents: MS Stover CCP Brief for Appellant DAO.pdf
DocketEntry:
BRIEF FILED. (FILED ON BEHALF OF PHILADELPHIA DISTRICT ATTORNEY'SOFFICE)
05APR2016 04:46 PM
BRIEF STOVER,GREGORY
05APR2016 12:00 AM
Documents: BRIEF_11.pdf
DocketEntry: APPELLANT'S BRIEF FILED.
15APR2016 10:34 AM
ARGUMENT DATE SET 15APR2016 10:34 AM
DocketEntry: none.
15APR2016 10:46 AM
LISTED FOR ORALARGUMENTS
15APR2016 10:46 AM
DocketEntry:
ORAL ARGUMENT SCHEDULED FOR 6/23/2016 AT 10:00 AM IN ROOM 426CITY HALL, PHILADELPHIA PA, 19107
19APR2016 12:30 AM
NOTICE GIVEN 19APR2016 12:30 AM
DocketEntry: none.
11MAY2016 10:17 AM
CASE RESCHEDULED BYCOURT
FLETMAN,ABBE F
11MAY2016 10:17 AM
DocketEntry:
ORAL ARGUMENT LISTED IN ERROR IN COURTROOM 483. WILL BERELISTED FOR 426 CITY HALL.
R.R. 004
11MAY2016 10:24 AM
LISTED FOR ORALARGUMENTS
11MAY2016 10:24 AM
DocketEntry: none.
13MAY2016 12:30 AM
NOTICE GIVEN 13MAY2016 12:30 AM
DocketEntry: none.
21OCT2016 10:35 AM
ORDER ENTERED FINALDISPOS
FLETMAN,ABBE F
21OCT2016 10:38 AM
Documents: ORDRF_18.pdf
DocketEntry:
UPON CONSIDERATION OF THE APPEAL OF THE PHILADELPHIA DISTRICTATTORNEY'S OFFICE OF THE DECISION OF THE OFFICE OF OPEN RECORDSDATED OCTOBER 5, 2015, THE RESPONSE AND AFTER ARGUMENT, IT ISHEREBY ORDERED THAT THE APPEAL IS DENIED AND THE DECISION OFTHE OFFICE OF OPEN RECORDS IS AFFIRMED. THE REASONS FOR THISDECISION ARE SET FORTH IN THE ATTACHED OPINION. ...BY THE COURT:FLETMAN, J., 10/20/16
21OCT2016 10:35 AM
NOTICE GIVEN UNDER RULE236
21OCT2016 02:05 PM
DocketEntry:
NOTICE GIVEN ON 21OCT2016 OF ORDER ENTERED FINAL DISPOSENTERED ON 21OCT2016.
18NOV2016 03:22 PM
APPEAL TOCOMMONWEALTH COURT
SCALERA,MICHAEL
18NOV2016 03:50 PM
Documents: MS Stover Notice of Appeal to Commw. Ct.pdf
DocketEntry:
********************************************************* NOTICE OF APPEAL FROMTHE DECISION DATED 10/20/16 AND DOCKETED ON 10/21/16 BY JUDGEFLETMAN, ABBE. PROOF OF SERVICE FILED. (FILED ON BEHALF OFPHILADELPHIA DISTRICT ATTORNEY'S OFFICE)******************
18NOV2016 03:22 PM
CITY CHARGE SUBSEQUENTFILINGS
SCALERA,MICHAEL
18NOV2016 03:50 PM
DocketEntry: none.
22NOV2016 11:47 AM
OPINION FILED/236 NOTICEGIVEN
FLETMAN,ABBE F
22NOV2016 12:00 AM
R.R. 005
Documents: OPFLD_22.pdf
DocketEntry: OPINION SIGNED ON 11/22/16 BY FLETMAN, J.
22NOV2016 11:47 AM
NOTICE GIVEN UNDER RULE236
22NOV2016 12:13 PM
DocketEntry:
NOTICE GIVEN ON 22NOV2016 OF OPINION FILED/236 NOTICE GIVENENTERED ON 22NOV2016.
08DEC2016 11:25 AM
APPEAL INVENTORYRECORD SENT
08DEC2016 12:00 AM
Documents: APILM_24.pdf
DocketEntry: PURSUANT TO PA. R.A.P. 1931 (d) APPEAL INVENTORY SENT.
08DEC2016 11:25 AM
RECORDMAILED/TRANSMITTED
08DEC2016 12:00 AM
DocketEntry: RECORD SENT TO COMMONWEALTH COURT VIA UPS.
08DEC2016 11:25 AM
NOTICE GIVEN UNDER RULE236
08DEC2016 11:35 AM
DocketEntry:
NOTICE GIVEN ON 08DEC2016 OF APPEAL INVENTORY RECORD SENTENTERED ON 08DEC2016.
EFiling System Search Home
R.R. 006
COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) 10/21/2016R.R. 007
R.R. 008
R.R. 009
R.R. 010
R.R. 011
R.R. 012
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FINAL DETERMINATION
IN THE MATTER OF : : GREGORY STOVER, : Requester : : v. : Docket No.: AP 2015-1801 : PHILADELPHIA DISTRICT : ATTORNEY’S OFFICE, : Respondent :
INTRODUCTION
Gregory Stover (“Requester”) submitted a request (“Request”) to the Philadelphia
District Attorney’s Office (“Office”) pursuant to the Right-to-Know Law, 65 P.S. §§ 67.101 et
seq., (“RTKL”), seeking court orders and a court commitment form. The Office denied the
Request, arguing that the records are judicial records. The Requester appealed to the Office of
Open Records (“OOR”). For the reasons set forth in this Final Determination, the appeal is
granted, and the Office is required to take further action as directed.
FACTUAL BACKGROUND
On August 17, 2015, the Request was filed,1 seeking his “1. Order of Conviction; 2.
Order of Sentence; 3. DC-300B Court Commitment Form (FJD).” On August 24, 2015, the
1 On August 24, 2015, the Requester provided additional correspondence clarifying a typographical error.
R.R. 013
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Office denied the Request, stating that “the records you seek are non-financial judicial records
that are not subject to the RTKL.”
On September 3, 2015, the Requester appealed to the OOR, challenging the denial and
stating grounds for disclosure. The OOR invited both parties to supplement the record and
directed the Office to notify any third parties of their ability to participate in this appeal pursuant
to 65 P.S. § 67.1101(c). On September 15, 2015, the Office filed a position statement, reiterating
its argument that the OOR lacks jurisdiction over this appeal because the records constitute
judicial records.
LEGAL ANALYSIS
“The objective of the Right to Know Law ... is to empower citizens by affording them
access to information concerning the activities of their government.” SWB Yankees L.L.C. v.
Wintermantel, 45 A.3d 1029, 1041 (Pa. 2012). Further, this important open-government law is
“designed to promote access to official government information in order to prohibit secrets,
scrutinize the actions of public officials and make public officials accountable for their
actions.” Bowling v. Office of Open Records, 990 A.2d 813, 824 (Pa. Commw. Ct. 2010), aff’d
75 A.3d 453 (Pa. 2013).
The OOR is authorized to hear appeals for all Commonwealth and local agencies. See 65
P.S. § 67.503(a). An appeals officer is required “to review all information filed relating to the
request.” 65 P.S. § 67.1102(a)(2). An appeals officer may conduct a hearing to resolve an
appeal. The decision to hold a hearing is discretionary and non-appealable. Id. The law also
states that an appeals officer may admit into evidence testimony, evidence and documents that
the appeals officer believes to be reasonably probative and relevant to an issue in dispute.
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3
Id. Here, neither party requested a hearing and the OOR has the necessary, requisite information
and evidence before it to properly adjudicate the matter.
The Office is a local agency subject to the RTKL that is required to disclose public
records. 65 P.S. § 67.302. Records in possession of a local agency are presumed public unless
exempt under the RTKL or other law or protected by a privilege, judicial order or decree. See 65
P.S. § 67.305. An agency bears the burden of proving the applicability of any cited exemptions.
See 65 P.S. § 67.708(b).
Section 708 of the RTKL clearly places the burden of proof on the public body to
demonstrate that a record is exempt. In pertinent part, Section 708(a) states: “(1) The burden of
proving that a record of a Commonwealth agency or local agency is exempt from public access
shall be on the Commonwealth agency or local agency receiving a request by a preponderance of
the evidence.” 65 P.S. § 67.708(a). Preponderance of the evidence has been defined as “such
proof as leads the fact-finder … to find that the existence of a contested fact is more probable
than its nonexistence.” Pa. State Troopers Ass’n v. Scolforo, 18 A.3d 435, 439 (Pa. Commw. Ct.
2011) (quoting Dep’t of Transp. v. Agric. Lands Condemnation Approval Bd., 5 A.3d 821, 827
(Pa. Commw. Ct. 2010)).
The Office argues that the requested records are judicial records that are not subject to the
RTKL and, as a result, the appeal should be dismissed for lack of jurisdiction. The OOR does
not have jurisdiction over appeals related to records requests directed to judicial agencies. 65
P.S. § 67.503(b). Here, neither party argues that the Office is a judicial agency. See generally
Sawicki v. Centre County District Attorney’s Office, OOR Dkt. AP 2015-0757, 2015 PA
O.O.R.D. LEXIS 885 (“[D]istrict attorneys do not fall within the RTKL’s definition of ‘judicial
agency’”). The OOR has jurisdiction over appeals related to requests for records in the
R.R. 015
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possession of local agencies that document a transaction or activity of the agency, even when
those records may also be in the possession of, or generated by, a judicial agency. 65 P.S. §
67.503(a); Saylor v. Bucks County, OOR Dkt. AP 2013-0226, 2013 PA O.O.R.D. LEXIS 136;
but see Lackawanna County Court of Common Pleas v. Office of Open Records, 2 A.3d 810 (Pa.
Commw. Ct. 2010). Thus, for example, a pleading or court order, when in the possession of a
local agency, is subject to the jurisdiction of the OOR, while those same documents would not be
subject to the jurisdiction of the OOR if in the possession of a court or other judicial agency.
Here, the Request seeks records in the possession of the Office, a local agency.
Therefore, the OOR has jurisdiction to hear this appeal. See 65 P.S. § 67.503(a)(2). As
mentioned above, the RTKL places the burden of proof on the public body to demonstrate that a
record is exempt. 65 P.S. § 67.708(a)(1). While the Office argues that the requested records are
judicial records that are not subject to the RTKL, the Office does not deny that the requested
records are within its possession, custody or control. Accordingly, the Office has not met its
burden of demonstrating that the records are exempt under the RTKL or are otherwise protected
from disclosure. In the absence of such evidence, the Office has failed to meet its burden of
proof under the RTKL. See 65 P.S. § 67.305.
CONCLUSION
For the foregoing reasons, Requester’s appeal is granted, and the Office is not required
to provide all responsive records within thirty days. This Final Determination is binding on all
parties. Within thirty days of the mailing date of this Final Determination, any party may appeal
to the Philadelphia County Court of Common Pleas. 65 P.S. § 67.1302(a). All parties must be
served with notice of the appeal. The OOR also shall be served notice and have an opportunity
R.R. 016
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to respond according to court rules as per Section 1303 of the RTKL. This Final Determination
shall be placed on the OOR website at: http://openrecords.pa.gov.
FINAL DETERMINATION ISSUED AND MAILED: October 5, 2015
______________________
APPEALS OFFICER
KYLE APPLEGATE, ESQ.
Sent to: Gregory Stover, AS-2152;
BJ Graham-Rubin, Esq. (via e-mail only);
Priva Travassos, Esq. (via e-mail only)
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R.R. 018
R.R. 019
R.R. 020
R.R. 021
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