Segelbaum v. York County

Case Number: 2022-SU-000516

Court: York County Court of Common Pleas

Clients: Dylan Segelbaum, York Daily Record

Entry of Appearance Filed: March 8, 2022

Background: In November 2021, Dylan Segelbaum, a reporter for the York Daily Record, submitted a request under Pennsylvania’s Right to Know Law seeking a copy of the curriculum vitae for a contractor hired by York County to train and equip corrections officers. The contractor, Joseph Garcia, has been the subject of scrutiny for allegedly using questionable training techniques.

The county denied the request the next month, stating that it did not possess records responsive to the reporter’s request.

Segelbaum appealed the denial to the Pennsylvania Office of Open Records. As he reported in January 2022, the appeal prompted the York County officials to confirm that it had in its possession a 128-page document titled, “Verified CV of STL Garcia.” Despite the document’s title and the fact that it included letters of reference and copies of certificates, among other information, York County officials said the document was not a curriculum vitae and argued that it was previously adjudicated to be exempt from disclosure.

In late January 2022, the OOR found in Segelbaum’s favor. “The County has provided no basis for its narrow interpretation of the term ‘curriculum vitae,’” the OOR appeals officer wrote. He also rejected the County’s other arguments for shielding the information.

In March, the county appealed to the York County Court of Common Pleas. It alleges a deficiency in the appeals process at the OOR, as well as numerous substantive objections about why it cannot release the requested records.

Update: On Sept. 6, a York County judge ruled against Segelbaum and the York Daily Record, finding the appeal moot. On Oct. 3, 2022, Segelbaum and the York Daily Record filed an appeal with the Commonwealth Court of Pennsylvania.

Co-Counsel: Jim Davy of All Rise Trial & Appellate

Filings:

2022-01-31: Office of Open Records final determination

2022-03-02: Agency notice of appeal and petition for review

2022-03-08: Requester entry of appearance

2022-04-13: Order scheduling hearing

2022-08-03: County memorandum of law

2022-09-02: Brief of Segelbaum and York Daily Record

2022-10-03: Notice of appeal

2022-10-03: Order directing appellants to file statement of matters complained of on appeal

2022-10-24: Statement of issues complained of on appeal

2023-01-17: Principal brief of Segelbaum and York Daily Record