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Gary Lewis e 9 Scranton, PA 18503 23 November 2012 Office of Open Records Commonwealth Keystone Building 400 North Street

4th Floor Harrisburg, PA 17120-0225 To Whom It May Concern: I wish to appeal the City of Scrantons denial of my 10/10/2012 request under the States Open Record law. A copy my original request is attached as Exhibit A. A copy of the Citys denial letter, dated 11/20/2012, is attached as Exhibit B. On 11/20/2012, Ryan McGowan, Scrantons Business Administrator and Open Record Officer, denied requests 1 & 2 on Exhibit A, stating: Response: This request is denied since these documents are not public record. However, Section 708(6)(ii) of the States Right-To-Know Law states (emphasis added): Nothing in this paragraph shall preclude the release of the name, position, salary, actual compensation or other payments or expenses, employment contract, employment-related contract or agreement and length of service of a public official or an agency employee. I wish to appeal the Citys denial of requests 1 & 2 as I am requesting a list of the names and lengths of service for agency employees. Furthermore, on 11/20/2012, Ryan McGowan, Scrantons Business Administrator and Open Record Officer, denied requests 3 on Exhibit A, stating: Response: This is not a request for documents. However, Section 703 of the States Right-To-Know Law states (emphasis added): A written request for access to records may be submitted in person, by mail, by e-mail, by facsimile or, to the extent provided by agency rules, any other electronic means. A written request must be addressed to the open-records officer designated pursuant to section 502. Employees of an agency shall be directed to forward requests for records to the open-records officer. A written request should identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested and shall

include the name and address to which the agency should address its response. A written request need not include any explanation of the requesters reason for requesting or intended use of the records unless otherwise required by law. As request 3 is plainly asking for a listing of amounts due to agency employees, I wish to appeal the Citys denial of request 3. Finally, on 11/20/2012, Ryan McGowan, Scrantons Business Administrator and Open Record Officer, denied requests 4 on Exhibit A, stating: Response: This is not a request for documents. However, Section 703 of the States Right-To-Know Law states (emphasis added): A written request for access to records may be submitted in person, by mail, by e-mail, by facsimile or, to the extent provided by agency rules, any other electronic means. A written request must be addressed to the open-records officer designated pursuant to section 502. Employees of an agency shall be directed to forward requests for records to the open-records officer. A written request should identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested and shall include the name and address to which the agency should address its response. A written request need not include any explanation of the requesters reason for requesting or intended use of the records unless otherwise required by law. As request 4 is requesting a document which was routinely provided to the City by Robert Rossi and Co (for example, see the Audit Status provided at the 5/24/2012 City Council meeting), this is plainly a record which was adequately described and known to city employees. I wish to appeal the Citys denial of request 4. If you wish to discuss this matter, please feel free to contact me at 570-780-6813. Thank you for your prompt attention to this matter. Regards,

Gary Lewis