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North York Borough v. Segelbaum

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  1. Freedom of Information

Case Number: 2020-SU-002061

Court: Court of Common Pleas of York County, Pennsylvania

Clients: Dylan Segelbaum, York Daily Record

Petition for Review Filed: Oct. 14, 2020

Background: In July 2020, Dylan Segelbaum, a reporter for the York Daily Record, filed a Right to Know Law request seeking a forensic audit of a local fire department. After he was denied access, Segelbaum appealed to Pennsylvania’s Office of Open Records.

In a September decision, the Office of Open Records granted access to the records, recognizing the audit as a financial record expressly classified as public under Pennsylvania’s Right to Know Law. The North York Borough appealed to the York County Common Pleas Court, arguing that the criminal investigation exemption should apply because the audit contained information about conduct for which an employee was later criminally charged.

On behalf of Segelbaum and the newspaper, Reporters Committee attorneys argue that the conclusions of the Office of Open Records are correct and that the court should affirm the office’s final determination.

Update: While awaiting a decision in this case, Reporters Committee attorneys began representing Tina Locurto from the York Dispatch in a separate dispute with the borough over the same record. Locurto’s request for the audit was initially denied by the borough. After she won her appeal to the OOR, the borough appealed to the York County Court of Common Pleas. On Aug. 20, 2021, Judge Clyde W. Vedder of the York County Court of Common Pleas denied the borough’s appeal and ordered the borough to release the requested records to the York Daily Record and the York Dispatch

Filings:

2020-10-14: Petition for review

2020-10-29: Response to petition for review

2020-11-05: Reply to respondent’s answer to petition for review

2021-08-20: Court order (Segelbaum)

2021-08-20: Court order (Locurto)