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COLINTY, TNTHE COURTOF COMMONPLEASOF WASHINGTON PENNSYLVANIA CNIL DIVISION


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DISTRICT, FORTCHERRYSCHOOL Petitioner, vs. ROBIN ACTON and/forTRIB TOTAL MEDIA, and PENNSYLVANIAOFFICEOF OPEN RECORDS. Respondents.

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No.2010-719

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ORDER ,/,
AND NOW, this // day April, 20ll,following argumenton

29,2010, at which counselfor Petitioner,Fort Cheny SchoolDistrict, and December Robin Acton and/forTrib Total Media, were present,it is hereby counselfor Respondent, ORDERED and Decreedthat the Petition for Review is DENIED and the Office of Open is Records("OOR") Final Determination upheldin total, as follows: l. The2005-2006schoolyearrecordscannotbe provided electronically. The SchoolDistrict no longermaintainsthe information electronicallyin a manner in which it can be queried. The District may satisfy the request for 2005-06schoolyear databy providing it in hard copy after redaction of the nonpublicinformation,as outlined in the Districts Denial. All costs

of thecopies, incruding manuar the redactions, shailbepaidby the Requester, RobinActon for Trib TotalMedia. 2' The2006-07and2007-08 records mustbemadeavailable electronically, afterredaction thenon-public of information. Erectronic Redaction shall berequired pursuant the Rightto Know to Law (,,RTKL,,)sinceit was demonstrated theRequesters by expertthatthe records existandare available anelectronic in medium.while the schoorDistrict hadno obligation permitanon-site to inspection the Requester,s by expert, his inspection reportdid showthatit is possible to maketherecords available. withoutundue reformatting conversion. or 3. The2008-09 and2009-10 year Records Schoor ExistElectronicaily. The School Districtmaintains records the erectronically thusmayeither and exportthe records a printerto be to manua'y redacted, exportthe or records Excelto beelectronically to redacted. As the ooR stated its report,this in FinarDetermination highryfact is specific does setfortha general and not rule for agencies. Agencies are not required permitthefypeof on-site to inspection schoor the District permitted. However, thisinstance on-site in an inspection permitted was andtheinspection showed it waspossibre obtain that to the information electronically requested. as BY THE COURT:

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