systematic or searching inquiry in Pennsylvania

2026Although the RTKL does not define “noncriminal” or “investigation,” this Court has concluded that “the word ‘noncriminal’ in Section 708(b)(17) is intended to signal that the exemption is applicable to investigations other than those which are criminal in nature” and that “as used in Section 708(b)(17), the term ‘investigation’ means a systematic or searching inquiry, a detailed examination, or an official probe.” Dep’t of Health v. Off. of Open Recs., 4 A.3d 803, 811 (Pa. Cmwlth. 2010).

2023This Court has construed the word “investigation” to mean “a systematic or searching inquiry, a detailed examination, or an official probe.” Dep’t of Health v. Off. of Open Recs., 4 A.3d 803, 810-11 (Pa. Cmwlth. 2010).

2015"This court defined an 'investigation’ in the context of section 708 of the RTKL as 'a systematic or searching inquiry, a detailed examination, or an official probe.’ " Department of Public Welfare v. Chawaga, 91 A.3d 257, 258-59 (Pa.Cmwlth.2014) (citation omitted). 4 .Both affidavits are dated October 20, 2014, and contain identical language.

2014Department of Public Welfare v. Chawaga, 91 A.3d 257, 259 (Pa. Cmwlth. 2014).

2023The PUC argues its “affidavits establish[] that BIE is and has been, for more than five years, engaged in ‘a systematic or searching inquiry, a detailed examination, or an official probe’ – multiple noncriminal investigations – of [Energy Transfer] and affiliated companies.” (PUC’s Br. at 29 (quotation omitted).) Energy Transfer argues that for Petitioners to meet their burden of proof under Sherry v. Radnor Township School District, 20 A.3d 515 (Pa. Cmwlth. 2011), and Moore v. Office of Open Records, 992 A.2d 907 (Pa. Cmwlth. 2010), they were only required to supply affidavits, made under pen

2023Investigation, as used in Section 708(b)(17), is not defined by the RTKL, but has been defined as meaning “a systematic or searching inquiry, a detailed examination, or an official probe” that is a “part of the agency’s official duties.” Sherry, 20 A.3d at 523 (quoting Pa. Dep’t of Health v. Off. of Open Recs., 4 A.3d 803, 811, 814 (Pa. Cmwlth. 2010)).

2020Rather, those documents detailed that PSP responded to a 911 hang-up call made from Requester’s home on September 7, 2018, and that Trooper Burgess, in his official PSP capacity, conducted “a systematic or searching inquiry, a detailed examination or an official probe” (i.e., an investigation), Coulter, 65 A.3d at 1088 (quoting Dep’t of Health, 4 A.3d at 811), and concluded that no one was in need of emergency services.13 Because PSP’s verifications were sufficiently detailed, and Requester did not offer any basis upon which the OOR or this Court could question their veracity or find that PSP

2014Welfare, 65 A.3d 1085, 1088 (Pa.Cmwlth.2013).

2021The Right-to-Know Law does not define “noncriminal” or “investigation.” This Court has held that a noncriminal investigation is “one not intended to consider prosecution and, in this context, ‘investigation’ means ‘a systematic or searching inquiry, a detailed examination, or an official probe.’” California Borough v. Rothey, 185 A.3d 456, 465 (Pa. Cmwlth. 2018) (quoting Department of Health v. Office of Open Records, 4 A.3d 803, 811 (Pa. Cmwlth. 2010)).

2021“The inquiry, examination, or probe must be conducted as ‘part of the agency’s official duties.’” California Borough, 185 A.3d at 465 (quoting Department of Health, 4 A.3d at 814 ).

2016Pennsylvania Public Utility Commission v. Gilbert, 40 A.3d 755, 759 (Pa. Cmwlth. 2012).

2016Pennsylvania Public Utility Commission v. Gilbert, 40 A.3d 755, 759 (Pa.Cmwlth.2012).

2014The court further concluded that the word “investigation” in Section 708(b)(17) “means a systematic or searching inquiry, a detailed examination, or an official probe.” Id. at 810-811 ; accord Heavens v. Pennsylvania Department of Environmental Protection, 65 A.3d 1069, 1074 (Pa. Cmwlth. 2013).