Harmony settles Right-to-Know lawsuit
Harmony Borough’s open records officer will receive further training on the Right-to-Know Law after the borough settled a lawsuit over a right-to-know request.
The lawsuit, filed in Butler County Common Pleas Court by Zelienople resident and former Harmony Borough Council president Jim Hulings, alleged the borough failed to provide all documents relevant to Hulings’ request under the Right-to-Know Law for information pertaining to the borough’s dealings with the local sewer authority.
As a result of the settlement, which Harmony and Hulings entered into on April 14, the borough’s solicitor, Matt Racunas, will send a letter to borough council detailing the lawsuit’s “factual and procedural history;” the council will recommend the open-records officer “obtain cost-effective additional training in Right to Know (sic) procedures” and Harmony will indemnify Hulings from “any costs or damages” that could result from Hulings’ request.
“We were able to settle the case without having to go to trial,” Racunas told council on Tuesday. “It does involve me issuing a letter to council outlining the procedural history. That was something Jim had requested.”
Harmony’s settlement with Hulings is the second case in 2022 in which a Butler County municipality agreed to receive more training in Pennsylvania’s open records laws as a result of a lawsuit. Earlier this year, Lancaster Township agreed to pay attorney’s fees, pay a $1,500 civil penalty and attend a training session as a result of a settlement with the Butler Eagle.
Hulings alleged Harmony failed to adequately search for responsive records. In the lawsuit, Hulings said Harmony provided emails sent or received by the official borough email account, but did not provide any correspondence its council members sent via personal email accounts.
Under state law, emails detailing government business sent or received by a personal account must be produced in response to an open records request.
The state Office of Open Records, which hears appeals of denial of right-to-know requests from municipalities, ruled in Hulings’ favor.
“While (Harmony secretary Amy) Brown attests that she searched the borough’s email account, she acknowledges she did not contact council members because the request did not specify members of council,” the office’s final determination states in part. “However, the request expressly seeks emails, and since emails on private devices and private email accounts are borough records if they document a transaction or activity of the borough, the borough has a responsibility to contact council members and provide all responsive records.”
