Former Charleroi manager wins another RTK appeal
Another appeal by Charleroi’s former borough manager has been granted by the state’s Office of Open Records (OOR).
Matt Staniszewski submitted a request to the borough on Sept. 26, seeking the emails, electronic communications and text messages of borough officials relating to him between July 1, 2022 and Sept. 26. 2023 under the Right To Know Law (RTKL).
According to the final determination issued Oct. 26 by Catherine Hecker, OOR appeals officer, the borough did not respond within five days of receiving the request, so the request was deemed denied on Oct. 3. Staniszewski filed an appeal with the OOR on Oct. 6.
“Local agencies have the burden of proving that records are exempt from access,” Hecker wrote. “Here, the borough did not comply with the RTKL by timely responding to the request, nor did the borough participate on appeal by submitting legal argument or evidence in support of withholding responsive records. Accordingly, the borough did not meet its burden of proof under the RTKL.”
Staniszewski said Charleroi should be able to produce what he is seeking, contending that personal email addresses used for government business are not exempt.
“There are companies available that perform this work (the searches) for municipalities,” he said.
This is the second appeal of Stansizewski’s granted by OOR. On July 25, he submitted five RTK requests to the borough seeking council meeting minutes and an audio recording of a meeting. That request was deemed denied Aug. 1, and he appealed. Staniszewski said Monday he received the minutes, but has yet to receive the audio recording. He also made another RTK request for recordings of all of this year’s meetings, which he said he has yet to receive.
Staniszewski was suspended June 14 for what council termed “disrespectful” behavior. Council voted July 12 to terminate him from the position after a little more than a year on the job. Staniszewski then filed suit in Washington County Court against the borough claiming breach of contract. He is seeking back pay and legal fees.
“Charleroi feels they are above the law and discriminate against certain individuals,” Staniszewski said. “This is just another example of Charleroi’s complete disrespect to the institution and disregard to laws and people’s rights. I will continue to stand up to these bullies.”
Dennis Paluso, the new borough solicitor, said the borough will adhere to the request.
“I’m very new to this particular request,” he said Monday. “I will review this with my client very shortly and we will adhere to whatever we are required to do.”