LAW DEPARTMENT

ONE PARKWAY BUILDING

1515 ARCH STREET
PHILADELPHIA, PA 19102

Shelley R. Smith
City Solicitor

Benjamin S. Mishkin
Assistant City Solicitor
(215) 683-5022
(215) 683-5069 (fax)
Benjamin.Mishkin@phila.gov

CITY OF PHILADELPHIA











July 18, 2014


VIA ELECTRONIC MAIL

Austin Nolen
publicrecords@johntowery.com

Re: Nolen CP 2014-0614

Dear Mr. Nolen:

Thank you for writing to the City of Philadelphia (City) with your request for information
pursuant to the Pennsylvania Right-To-Know Law, 65 P.S. 67.101 et seq., (the Act or RTKL).

On June 11, 2014, the City received your request for all police incident reports created by the
Civil Affairs Unit for the date of March 10, 2014.

On June 18, 2014, the City informed you that it would require up to an additional thirty (30)
days to respond to your request. This constitutes the Citys response to your request.

Your request is denied.

Your request is denied as seeking records related to criminal and/or noncriminal investigations.
65 P.S. 67.708(b)(16), (17). See Pa. State Police v. Office of Open Records, 5 A.3d 473 (Pa.
Commw. 2010) (finding police incident report exempt from disclosure pursuant to Section 708(b)(16)).
Additionally, your request is denied to the extent the records requested reflect:

Personally identifying information, including but not limited to home and/or cell phone
numbers, email addresses, social security numbers and payroll numbers. 65 P.S.
67.708(b)(6)(i)(A).

Dates of birth. Governors Office of Admin. v. Purcell, 2011 Pa. Commw. LEXIS 619 (Pa.
Commw. Dec. 29, 2011); see also Delaware Co. v. Schaefer, No. 256 C.D. 20112012 Pa.
Commw. Unpub. LEXIS 211 (Pa. Cmwth. March 22, 2012) (finding that the holding in Purcell
that the dates of birth of state employees were exempt under 65 P.S. 67.708(b)(1)(ii) was
equally applicable to county employees).

The home addresses of individuals. 65 P.S. 67.708(b)(1)(ii). The City further notes that the
release of home addresses has constitutional privacy implications under both the United States
and Pennsylvania Constitutions. Pa. Const. Article I, 1 and 8; United States Constitution.
See, e.g., Pa. State Educ. Ass'n v. Dep't of Cmty. & Econ. Dev., 981 A.2d 383, 386 (Pa.
Commw. 2009) (entering preliminary injunction barring release of home addresses of public
school employees finding that public disclosure of Employees home addresses would
constitute immediate and irreparable harm to Employees right to privacy), affd Pa. State
Educ. Ass'n v. Commonwealth, 2 A.3d 558, 589 (Pa. 2010); see also Pa. State Educ. Ass'n v.
Commonwealth, No. 195 MM 2010, 2010 Pa. LEXIS 2520 (Pa. Nov. 1, 2010) (staying
Commonwealth Court Order pending disposition of the appellants appeal to the
Pennsylvania Supreme Court and holding that the entry of the preliminary injunction . . . shall
remain in effect.); Paul P. v. Verniero, 170 F.3d 396, 404 (3d Cir. 1999) (holding that case
law reflect[s] the general understanding that home addresses are entitled to some privacy
protection, whether or not so required by statute and that sex offenders have a non-trivial
privacy interest in their home addresses).

The above information is commonly included on police incident reports.

Subject to, and without waiving the foregoing, the City exercises its discretion to release certain
redacted police incident reports outside the Right to Know Act directly from Records upon payment of
the applicable fee. More information is available at:
http://www.phila.gov/records/PoliceFire/Reports.html. As a convenience attached is a Police Incident
Request Form (82-47) , which may be used to request a police incident report from Records. Request
forms for police incident reports must be submitted to:

The Department of Records
Incident Reports
Room 167, City Hall
Philadelphia, PA 19107
(215) 686-2266

District Control Numbers and all applicable fees must be included with your request form. Please be
further advised that the Philadelphia Police Department will require specific locations (street
addresses) and times, in addition to a specific date, in order to provide you with District Control
Numbers.

To appeal the denial pursuant to 65 P.S. 67.708(b)(16) regarding records relating to a
criminal investigation, you may file an appeal with the Philadelphia District Attorneys Office as
provided in 65 P.S. 67.1101 and 65 P.S. 503(d)(2). You have 15 business days from the mailing
date of the Citys response to challenge the response. Please direct any appeal to DA Appeals Officer,
Attn: Priya Travassoss, Three South Penn Square, Philadelphia PA 19107-3499 and copy the
undersigned.

Should you wish to contest any part of this decision, other than the denial pursuant to 65
P.S. 67.708(b)(16) regarding records relating to a criminal investigation, you may file an
appeal with the Office of Open records as provided for in 65 P.S. 67.1101. You have 15
business days from the mailing date of the Citys response to challenge the response. Please
direct any appeal to the Office of Open Records, Commonwealth Keystone Building, 400 North
Street, 4th Floor, Harrisburg, PA 17120-0225 and copy the undersigned.

Please be advised that this correspondence will serve to close this record with our office as
permitted by law.

Respectfully submitted,




Benjamin S. Mishkin

cc: Lt. Edward Egenlauf, Open Records Officer, Philadelphia Police Department