7/27/2019 Alexander-Octorara Area School District (Docket No.: AP 2013-1130)

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FINAL DETERMINATION

TIMOTHY ALEXANDER, :

Complainant :

:

v. : Docket No.: AP 2013-1130 :

OCTORARA AREA SCHOOL DISTRICT, :

Respondent :

On June 19, 2013, Timothy Alexander (“Requester”) submitted a request (“Request”) tothe Octorara Area School District (“District”) seeking certain records relating to the District’s

extension of the District Superintendent’s employment contract. The District did not respondwithin five (5) business days of receiving the Request, and the Request was, therefore, deemeddenied. See 65 P.S. § 67.901. On July 1, 2013, the Requester filed a timely appeal with theOffice of Open Records (“OOR”) stating grounds for disclosure. The OOR invited both partiesto supplement the record. Neither party responded.

Section 708 of the RTKL clearly places the burden of proof on the District todemonstrate that a record is exempt. 65 P.S. § 67.708(a). In the present case, the District did notcomply with the RTKL by timely responding to the Request, nor did it provide any factual or 

legal support for denying access to responsive records.1 Based on the District’s failure to complywith the statutory requirements of the RTKL or to provide any evidentiary basis in support of anexemption under the RTKL, the OOR finds that the District did not meet its burden under theRTKL. See 65 P.S. § 67.305.

For the foregoing reasons, Requester’s appeal is granted and the District is required to provide all responsive records within thirty (30) days. This Final Determination is binding on all parties. Within thirty (30) days of the mailing date of this Final Determination, any party mayappeal to the Chester County Court of Common Pleas. 65 P.S. § 67.1302(a). All parties must beserved with notice of the appeal. The OOR also shall be served notice and have an opportunityto 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.state.pa.us. 

1 See generally 65 P.S. § 67.1304(a) (noting that a court “may award reasonable attorney fees and costs of litigation

… if the court finds … the agency receiving the … request willfully or with wanton disregard deprived the requester 

of access to a public record … or otherwise acted in bad faith…”); 65 P.S. § 67.1305(a) (“A court may impose a

civil penalty of not more than $1,500 if an agency denied access to a public record in bad faith”).

7/27/2019 Alexander-Octorara Area School District (Docket No.: AP 2013-1130)

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FINAL DETERMINATION ISSUED AND MAILED: July 31, 2013

 ________________________________ APPEALS OFFICER JILL S. WOLFE, ESQ.

Sent via e-mail to: Timothy Alexander; Lisa Bowman