Judge strikes Register of Wills’ report from public record
The 139-page court-ordered report submitted by Register of Wills James Roman last month has been struck from the public record after it contained private information regarding adoption records and employee personnel files.
President Judge John DiSaslle ordered to “strike and remove” from the public docket Roman’s report submitted on July 30 after the row office’s solicitor consented to the decision Thursday when questions were raised about sensitive details included in the file.
DiSalle on July 22 threatened to initiate contempt proceeding against Roman if he did not immediately bring all adoption records up-to-date after it was revealed 11 records were either missing or incomplete. The judge also requested a written report from Roman by July 30 explaining why the adoptions records were not complete, prompting Roman to submit the voluminous response complaining about his staff and other obstacles that he claimed caused his office to fall behind.
But included in the public report filed at the prothonotary’s office included written reprimands for two employees, including a termination email for one worker.
DiSalle wrote in his order that the report was “replete with references to sensitive, internal personnel matters” that included the names of several employees. While some information about government employees can be released under the state’s Right To Know law, it does not necessarily permit the “discipline, demotion, or discharge” in personnel files, DiSalle said.
“The Register of Wills’ report plainly violates common law privacy protections as well as statutory proscriptions against the disclosure of public employees’ personnel file materials,” DiSalle wrote in his order.
More concerning for DiSalle was information about one employee’s temporary absence from the Register of Wills office through the federal Family and Medical Leave Act, which the judge called “inappropriate and arguably illegal” due to federal laws.
“It is implicit in the regulations that employees’ medical histories and proffered medical reasons for requiring medical leave are strictly confidential and not subject to public disclosure,” DiSalle wrote. “The Register of Wills’ report runs afoul of these regulations by alluding to named employees’ leaves of absences under the FMLA and by attaching related correspondence and other records.”
In addition, DiSalle took exception with Roman attaching docket reports for adoption and guardianship proceedings – albeit redacted versions – which are “inherently sensitive and private” and should not be accessible to the public, the judge said.
Striking the report from the public docket does not necessarily mean Roman will face discipline or contempt proceedings, according to Court Administrator Patrick Grimm. The report is still considered timely and remains in the possession of DiSalle and Grimm, as was originally requested.
Dennis Makel, the solicitor representing the Register of Wills office, said both sides agreed to remove the record from public review, and he now considers the matter closed.
“As far as I’m concerned, Mr. Roman complied with what he had to do,” Makel said Monday. “The (order to strike the report from the record) was collaborative with the courts to get things done and do what’s in the best interest for the courts.”