Along the same plot lines of all the "PSU Operating in Secret" stuff going down right now.
Untitled (rcfp.org)
Cliff's Notes:
PSU's stance is that because the "information" is "electronic" - ie: It is available to the trustees in question via on-line file share system : as opposed to being a hard copy on a piece of paper, that is sitting on the trustee's desk - it is not really in the trustee's possession, and therefore not subject to being discovered or subject to RTK.
The pleading further goes on to remind the court that such an argument was recently pled in the Bagwell Case (Ryan Bagwell case, of which many Penn Staters are familiar) with the courts/OOR (Office of Open Records) finding that argument to be incorrect and specious.
"“When Department secretaries are granted access to Diligent [PSU's internal file share system],” the OOR determined that “they clearly receive the documents and information necessary to enable them to perform their duties.”
[Legal Eagles welcome to comment further]
Untitled (rcfp.org)
Cliff's Notes:
PSU's stance is that because the "information" is "electronic" - ie: It is available to the trustees in question via on-line file share system : as opposed to being a hard copy on a piece of paper, that is sitting on the trustee's desk - it is not really in the trustee's possession, and therefore not subject to being discovered or subject to RTK.
The pleading further goes on to remind the court that such an argument was recently pled in the Bagwell Case (Ryan Bagwell case, of which many Penn Staters are familiar) with the courts/OOR (Office of Open Records) finding that argument to be incorrect and specious.
"“When Department secretaries are granted access to Diligent [PSU's internal file share system],” the OOR determined that “they clearly receive the documents and information necessary to enable them to perform their duties.”
[Legal Eagles welcome to comment further]
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