In the Right-to-Know law case, Paint Township appeals from the 21 of October in 2013 order of the court of common pleas of Clarion County (Trial court) directing the Township to retrieve data from the publicly funded cell phone of Randy Vossburg, Chairman of the township’s Board of Supervisors, and provide retrieval records to Robert L. Clark (Requester). The township was ordered by the court to provide requesters with phone records concerning township business after Mr Vossburg’s cell phone was privatized and paid for in part by the Township itself. The Township’s open records officer, Jacqui Blose, responded on December 3, 2012, and requested a thirty-day extension. Blose did not respond within the thirty-day period, and Requester’s request was
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Vossburg in August/September 2012, at which point he entered a private contract with Verizon. The Township then argued that cell phone records were not in its possession and do not exist. In turn, Requester asserted that the Township did not conduct a good faith effort to determine whether the requested records existed, whether they were public records, or whether they were in its possession, custody, or control. The court ordered the following: Township shall not sell any of its cell phones until the court enters a final order in the appeal. The Township shall also provide copies of the records to Mr. Clark covering the period of Jan 1st, 2012 through 28th of November in 2012. In response, Blose submitted a notarized affidavit, under penalty of perjury, which was dated in July 8th, 2013, in this affidavit, Blose presented that information and application-related data for Supervisor Vossburg’s publicly-funded cell phone, including browser history, address books, and internet connection logs, could not be attained from Verizon Wireless and does not exist in the custody, possession, or control of the
Vossburg in August/September 2012, at which point he entered a private contract with Verizon. The Township then argued that cell phone records were not in its possession and do not exist. In turn, Requester asserted that the Township did not conduct a good faith effort to determine whether the requested records existed, whether they were public records, or whether they were in its possession, custody, or control. The court ordered the following: Township shall not sell any of its cell phones until the court enters a final order in the appeal. The Township shall also provide copies of the records to Mr. Clark covering the period of Jan 1st, 2012 through 28th of November in 2012. In response, Blose submitted a notarized affidavit, under penalty of perjury, which was dated in July 8th, 2013, in this affidavit, Blose presented that information and application-related data for Supervisor Vossburg’s publicly-funded cell phone, including browser history, address books, and internet connection logs, could not be attained from Verizon Wireless and does not exist in the custody, possession, or control of the