Former Charleroi manager wins RTK appeal
The former Charleroi Borough manager, seeking council meeting minutes and an audio recording of a meeting, has won his right-to-know appeal filed through the state’s Office of Open Records (OOR).
“The borough is required to provide the requested records to the requester within 30 days, or, in the alternative, a sworn affidavit or a statement made under the penalty of perjury demonstrating that the responsive records do not exist,” appeals officer Catherine R. Hecker wrote in the ruling, issued Tuesday.
Charleroi Solicitor Sean Logue, who handles right-to-know requests for the borough, said the borough will abide by the ruling.
On July 25, Staniszewski submitted five right-to-know requests to the borough seeking the recording and minutes.
“Defamatory comments that have been made have caused undue duress and affected my ability to simply live my life and gain meaningful employment,” Staniszewski said.
According to information provided by the OOR, the borough did not respond within the required five business days, so the request was deemed denied Aug. 1. An appeal was filed OOR on Aug. 3.
“The borough did not comply with the RTKL (Right-to-Know Law) by timely responding to the request, nor did the borough participate on appeal by submitting legal argument or evidence in support of withholding records,” the ruling states. “Accordingly, the borough did not meet its burden of proof under the RTKL.”
Staniszewski said his initial request should have been granted.
“This is a simple request that they should be able to provide almost immediately,” he said. “This is another example of how Charleroi operates. They’re keeping individuals and taxpayers from information that quite honestly is public information to begin with. It goes to show how Charleroi treats people.”
Staniszewski was suspended without pay 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.