Wednesday, February 23, 2011

Court of Common Pleas Judge J.L. Schmehl's Decision

February 23, 2011
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Pennsylvania Office of Open Records
400 North Street, 4th floor
Harrisburg, Pa 17120 fax 717 425-5343
Attention Mr. Nathan J. Byerly, Chief Counsel
Dear Mr. Byerly,
Docket No. AP 2010-0899
Today I received Judge Jeffrey L. Schmehl’s Decision on my Petition for the Enforcement of the Office of Open Records Final Determination (attached).

It states GRANTED produce within 15 days un-redacted versions of all documents previously produced to the Plaintiff in a redacted form. Isn’t it strange that I have already received them, dated February 14, 2011, from the Borough before the Judge made his decision February 18, 2011. I have attached the Borough’s cover letter and a sample of the granted papers.

It then states DENIED insofar as, apart from the aforementioned un-redacted documents the Defendant has turned over everything they have in their possession that is responsive to the Plaintiff’s request. If this is true, it means the Borough does not have to publish financial reports or even produce or posses any financial records.

I am shocked by this decision which deprives the residents of reviewing what the Elected Officials are doing with our Borough revenue. Thank you.
Sincerely,

Gennaro A. Marino P.E.

4 comments:

Anonymous said...

See ... just as you thought. The borough and the judge are in cahoots. You, marino are wise beyond your years. You told everone Schmehl was in bed with Barley-Snyder, who represent the borough as council, but they would not listen. I have so much more respect for you now.

Paul Moyer said...

Best put down ever!

Anonymous said...

Mr. Moyer. Just because Marino lost this one is not cause for celebration. He will get the borough yet, because he is RIGHT!

Anonymous said...

dont be an idiot.
no one expected the judge to be impartial.
no one really expected the judge to protect the rights of the people over the right to power of other government comrades.