OOR and Home Addresses

November 2010Alerts

The OOR (Office of Open Records, the initial body to which appeals of right to know issues go) has narrowed its interpretation of Judge Friedman's injunction related to the release of school employees' home addresses. Previously, the OOR had stated that Judge Friedman's reasoning would apply equally to other agencies' employees and that it would not require such agencies to release their employees' home addresses. It also said that equity required that it rule that way. That position was summed-up in an advisory on the OOR's web site.

The OOR took down that advisory following the Commonwealth Court's decision, then, after yesterday's PA Supreme Court order, it put up a new one.

The new advisory (found here) now specifically states that the injunction ONLY applies to the home addresses of public school employees. Therefore, as far as the OOR is concerned, requests to other agencies for their home addresses are still fair game.

Finally, in what reads to me as a bit of denial, the new advisory states, then reiterates, that this order is only temporary. Nevertheless, at the end it concedes that the injunction has no end date and that it will remain in effect until further notice.

One wonders if the OOR will repudiate its prior Final Determinations in which it cited the reasoning contained in Judge Friedman's order for upholding agency denials of requests for non-school employees' home addresses. Only time will tell.

If you have any questions about this Alert, please contact Kyle Berman, or any member of Fox Rothschild’s Education Law Group.