This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: Judge Leadbetter

Records Created Before Investigations and Accessed Only When Necessary Can Constitute Investigative Records Under RTKL

This case required the Commonwealth Court to decide whether video recordings from cameras on buses can be exempt under the “noncriminal investigation” exemption to Pennsylvania’s Right-to-Know Law (the “RTKL”).  The Commonwealth Court held that a video recording taken prior to the start of an agency investigation can qualify under the noncriminal investigation exemption of the RTKL when it is downloaded or viewed for purposes of that investigation.  As a result, the Port Authority of Allegheny County (the “Port Authority”) did not have to disclose video recordings downloaded in relation to a property damage claim filed against it.

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Auditors Cannot Revisit Approval Of Supervisor-Employee Participation In Pension Plans

In this case out of Pike County, the Commonwealth Court determined that a current Board of Auditors could not rescind a past Board of Auditor’s approval for supervisor-employees to participate in a Township pension plan, despite not being presented with the specific pension plan adopted by the municipality. Further, the court held that such pension plans were not compensation of the elected office and therefore supervisor-employees who adopted the plan did not have to be reelected to participate in it.

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