Key arguments in time-response log case

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Can you assess first-responder performance without knowing where units came from or where they went? You'll be able to if a county judge rules in the Daily Record/Sunday News' favor on an open-records appeal; you won't be able to if he rules in York County's favor.

York County Common Pleas Court Judge Richard Renn will issue a written decision on the matter. He heard arguments from the YDR's lawyer and the county's lawyer on Wednesday.

The state's open records office ruled that 911 time-response logs must include addresses or geographical identifiers; the county appealed to Common Pleas Court.

 The county's key arguments:

  •  The right-to-know law doesn't define time-response log, so the definition should come from the state chapter of the National Emergency Number Association, which defines a time-response log as, basically, when a call came in, when a unit went out, when it arrived and when it cleared the scene.
  • The release of addresses or geographical identifiers would amount to an invasion of privacy of people who call 911 for emergencies.
Key arguments from Wednesday's hearing, according to York attorney Niles Benn, who represented the newspaper:

  • The county did not cite supporting legal authority in its denial of reporter Ted Czech's request, as required by the right-to-know law;
  • A follow-up letter from the county cited the exception to the law in which 911 time-response logs are mentioned. But the exception specifically allows public access to time-response logs.
  • The county did not argue, in its denial letters or to the Office of Open Records, that addresses are protected by federal or state constitutional right to privacy;
  • The right-to-know act addresses safety concerns regarding the release of addresses, but did not attach any qualification when it made time-response logs public.
  • The new right-to-know law intended to expand public access, not restrict it; excluding addresses from time-response logs would withhold from the public information it could get under the old RTK law.
  • If the county is not required to release addresses, it should be required to release cross-streets.
We'll let you know when Judge Renn rules. Meantime, anyone want to weigh in on either side of this case?

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This page contains a single entry by Scott Blanchard published on October 22, 2009 3:08 PM.

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