WILLIAM F. MARTIN
Pee em vin oie Monger
DONALD E. CURLEY : MATTHEW 8, BALMIANN
2 y Township Secretary
Winer ,
JOHN FISHER ‘eo JOHN B,RICE
RADNOR TOWNSHIP ‘Solicitor
eevee ene coe ‘SOL IVEN AVENUE JOHN E. OSBORNE
HARRY G. MAHONEY, £80. we AT ran \ E0880
ELAINE. SCHAEFER ras
WILLLAM A. SPINGLER Fenian
February 16, 2010
Mr. Lamar Layfield
58 Oakford Rd
Wayne, PA 19087
Dear Mr. Layfield:
am in receipt of your Pennsylvania Right-to-Know Request dated February 15, 2010, which was
received by Radnor Township (“Township”) on February 16, 2010, relating to the advice, rulings
and/or determinations of potential conflicts of Commissioners Nagle and Schaefer. Please be
advised that your request is hereby denied as set forth herein.
The documents that you have requested are not public records in that they contain information
provided by the Township Solicitor, an attorney, to the aforementioned Commissioners, a client,
and are therefore protected under the attorney-client privilege. Accordingly, the requested
documents are not public records as defined in Section 102 of the Pennsylvania Right-to-Know
Law.
‘The documents that you refer to in your aforementioned request are also not considered records
as defined in the Right-to-Know Law because the rulings and findings of other local and/or state
officials and/or agencies are not records of Radnor Township.
Furthermore, the documents requested by you also likely fall under the exception set forth at
Section 708.b.17. of the Right-to-Know Law relating to non-criminal investigations,
Your request further lacks the requisite specificity under Section 703 of the Right-to-Know Law
and fails to specify the documents being requested. The requests set forth in your February 15,
2010 correspondence fail to provide sufficient information to enable the Township to adequately
ascertain which documents are being requested. Therefore, said requests are also denied for
lacking the requisite specificity.
‘You may appeal this response and denial pursuant to the current law in Pennsylvania which states
‘the following in pertinent part under Section 1101 of the Act:
..the requester may file an appeal with the Office of Open
Records or judicial, legislative or other appeals officer
designated under section 503(d) within 15 business days of the
mailing date of the agency's response or within 15 business
days of the deemed denial. The appeal shall state the grounds
upon which the requester asserts that the record is a publicrecord, legislative record or financial record and shall address
any grounds stated by the agency for delaying or denying the
request.
Thank you for your attention to the foregoing, Please contact my office with any questions that
you may have.
Sincerely,