Mt. Lebanon resident granted right-to-know request
The Pennsylvania Office of Open Records has granted an appeal to a Mt. Lebanon resident’s right-to-know request for information from the municipality.
Elaine Gillen of Vallevista Avenue seeks emails regarding the archery deer management program being conducted by White Buffalo Inc. Gillen filed her request July 30 for communications beginning June 18. She has sought information on where and at what times hunting would occur, as a safety concern.
“We wanted to know so we could protect ourselves, our children and our pets,” she said Nov. 24, the day the Office of Open Records’ final determination was issued. “It wasn’t doing anybody any good to keep that information away from us.”
The municipality plans to appeal the determination, which states that the information is to be provided to Gillen.
“The (Mt. Lebanon) Commission disagrees with the decision of the Office of Open Records and will be filing an appeal within 30 days of November 24, which was when we received the decision,” interim manager Keith McGill said Dec. 2, referring to the state law requirement to file.
Philip Weis, Mt. Lebanon solicitor, reviews all right-to-know requests, according to Susan Morgans, municipal spokeswoman.
“Like most governing bodies, Mt. Lebanon receives right-to-know requests frequently both from the public and from members of the media,” Morgans said. “We respect the public’s right to open government and the right-to-know process. “We respond to all requests in a timely fashion as the law requires, regardless of who makes the request or the subject matter,” she continued. “Sometimes the information requested is available; sometimes it is not.”
The determination, issued by Office of Open Records appeals officer Jill Wolfe, includes a timeline of the process in the aftermath of Gillen’s request:
• Aug. 5 – The municipality invoked a 30-day window in which to respond to the request.
• Sept. 4 – The municipality partially granted the request, providing 131 emails to Gillen, but denied access to certain correspondences that would identify the private properties being used for the archery hunt, arguing that public access of those records would result in a “substantial and demonstrable risk to the personal security of the property owners.”
• Sept. 18 – Gillen appealed to the Office of Open Records, challenging the denial and stating grounds for disclosure. The office invited both parties to supplement the record and directed the municipality to notify any third parties that they could participate in the appeal.
• Sept. 30 – The municipality submitted a position statement to the office, reiterating its reasons for withholding the records from public disclosure.
• Oct. 1, 2015 – Gillen submitted her position statement, contending that during public meetings, certain residents indicated their support for the hunting program, and the minutes contain their names and addresses.
Pennsylvania’s Right to Know Law holds that a public body has the burden of proof in contending that a record is exempt.
Regarding the municipality’s stance that release of the applicable emails would pose risk to residents who volunteered to participate in the archery program or permit the use of their property, the determination states:
“The term ‘substantial and demonstrable risk’ is not defined in the Right to Know Law. By construing these terms in accordance with their plain meaning … the risk of harm must be material, real and ample.
“Mere belief that the release of a record would cause substantial and demonstrable risk of harm is insufficient.”
The determination further addresses the municipality’s concerns:
“Although the municipality has provided evidence of incidents in past years which involved tampering with traps and scaring deer, none of the evidence demonstrates that there were any threats to individuals involved in the deer management programs, either past or present.”
Gillen said that she plans to file another right-to-know request for correspondences beginning July 31.