City of Philadelphia v. Philadelphia Inquirer
Commonwealth Court of Pennsylvania
No. 944 C.D. 2011
July 25, 2012
The Commonwealth Court ruled that the calendars of the mayor of Philadelphia and city council members were exempt from disclosure under the “working papers” exemption of the Right to Know Law (RTKL).
Background
Jeff Shields, a reporter for The Philadelphia Inquirer, sent two requests for records to the City of Philadelphia under the RTKL: one for a copy of the mayor’s daily schedule, and the second for a copy of the daily schedules of the 17 city council members.
The city denied the request citing four exemptions of the RTKL.
The Inquirer appealed to the Office of Open Records (OOR). The OOR granted the appeal, stating that the records were not maintained for the mayor’s or city council members’ personal use, but rather they pertained to official business and appointments. The OOR also denied the other exemption claims.
The city appealed to the Philadelphia County Court of Common Pleas, which reversed the OOR decision. The Inquirer appealed this decision to the Commonwealth Court.
Commonwealth Court decision
The working papers exemption of the RTKL excludes from public disclosure “notes and working papers prepared by or for a public official or agency employee used solely for that official’s or employee’s own personal use, including telephone message slips, routing slips, and other materials that do not have an official purpose.”
The court concluded that this exception extends to records even if the public official is not the only person who sees or uses the record. The court also ruled that the term “personal” does not necessarily mean related to the personal affairs of the public official. Rather, it covers documents that are “necessary for that official that are ‘personal’ to that official in carrying out his public responsibilities.”
As a result, the court ruled that the calendar requests fell within the working papers exemption and were not to be disclosed to The Inquirer.
- October 13, 2009 – OOR Final Determination AP 2009-0787 – Shields v. City of Philadelphia
- February 26, 2010 – City Submission for Appeal to Philadelphia Court of Common Pleas
- May 11, 2011 – Appellant Record to Commonwealth Court, Including Philadelphia Court of Common Pleas Opinion
- July 25, 2012 – Commonwealth Court Opinion – No. 944 C.D. 2011