Megan Keefe Shannon
@MeganKShannon_
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Raised crosswalk went up on the 3200 block of chestnut sometime in the last two days. !!!!!!!
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the city knows that half of philadelphia would consider biking if they could do it safely, and only 12% of the population is willing to use the unprotected bike lanes we currently have
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Council President Clarke's office spent $17,000 of taxpayer money to send a letter to about 34,000 Philadelphians telling them how to vote on his ZBA ballot question
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What’s going on with 48th St. in West Philly?
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Why do you need a petition from your neighbors to get traffic calming on your block?
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PennDOT emails with Philly elected representatives
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In Feb the councilmember’s office said there were permit apps for 111 affordable homes because of the zoning overlay, but that’s not actually true. I want more affordable housing in west philly and wish they would be transparent about whether this is the way to achieve that
The impact of land use policies of this scale can't be fully assessed for decades. But in just 19 months, our Mixed-Income Neighborhoods Overlay promises to generate 160+ affordable private market homes (and counting!) in areas of opportunity, without halting development! (1/4)
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None of these are in West Philly. The City Law Dept says they need two more weeks to provide a list of the “in the pipeline” permit application addresses.
The impact of land use policies of this scale can't be fully assessed for decades. But in just 19 months, our Mixed-Income Neighborhoods Overlay promises to generate 160+ affordable private market homes (and counting!) in areas of opportunity, without halting development! (1/4)
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The city shouldn’t require you to rally your neighbors to get basic infrastructure
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here is another blog about my rtkl request and ongoing OOR appeal to get emails related to the washington ave debacle. a play by play of riveting administrative agency practice!
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here's what i got in my RTK request for community feedback on 5000 warrington
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here are some more council emails where everyone is mad and defensive about washington ave
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Next q: how did they pick the 34,000? I received one and my husband (same address obviously lol) did not!
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this isn't about a rtk request, i'm just really mad that i got hit by a car when i was biking yesterday!
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there was this inquirer article where
@CouncilmemberJG
's office said they couldn't share the agreement of sale for 4601 market. but that's the textbook example of a public record! here it is:
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here is the breakdown of how you spend $29 million and only do traffic safety around 6 schools
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A RTKL blog post about Washington Ave:
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what are the "transition services" the school district is actually getting for the $450k it's paying joseph & associates? on 5/20 they submitted a proposal for $275k and a week later the school board approved a contract for $450k
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i really appreciate having a city council rep that makes affordable housing a priority in her district. but public records gotta be public!
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here is a blog post about me trying to see if city council will fix the spruce/pine bike lanes. spoiler: they don't really care
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What is up with the car right hand turn lane crossing through the bike lane at either end of the south st bridge??
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what happened to the posts along the south st bridge bike lane? here is a blog that doesn't have a lot of answers other than i guess the city sort of gave up
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a law blog about the RTKL (my favorite law) and the right to privacy
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#AI
for insurance lawyers! Very interesting discussion of how insurers use AI to analyze previously unmanageable amounts of data to calculate emerging risks.
#ICLCLitigation
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I wanted to learn more about the community's input in the Contentious Zoning Debate at 48th and Chester so I submitted a RTKL request!
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here's how much it actually costs for city council members to drive their taxpayer-funded cars
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here is a RTKL blog about me asking the PPA for all of their communications with city council about bike lane enforcement
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I filed my brief in Friedman last week. This is a PA Supreme Court case addressing the scope of
@OpenRecordsPA
authority to interpret laws other than the RTK.
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i'm doing these rtk requests to find out why philly bike lanes are so chaotically slapped together. a little off track but i learned
@PhillyOTIS
paid an outside contractor $135k to develop its "safe routes to school" curriculum.
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If you do RTK requests, you should go to this! As a lawyer who represents requesters on appeals, it makes my job easier when your initial request was solid. As a lawyer representing agencies... it also makes my job easier when requesters understand the process!!
TODAY: At 10 a.m., I'm hosting a webinar about Pennsylvania's Right-to-Know Law for requesters (i.e., anyone who wants to request records from a state or local gov't agency). Join me! Details here:
#RTKL
#OpenGov
#Pennsylvania
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getting records :)
not getting to litigate something cool :(
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i don't know if the invoices give a complete picture of everything they did but $135k for this?
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Just filed Commonwealth Court brief in a second
#publicrecords
#rtkl
case against the Public Utility Commission and Sunoco today. FYI - the Public Utility Commission’s records are sometimes governed not by the RTKL, but the Confidential Security Info Disclosure Protection Act
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However, the utilities the PUC is supposed to be regulating can intervene and try to shield records that would probably reveal a lot about ME1’s questionable safety record.
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lol that's my case i argued before the commonwealth court and i am now appealing (when does a petition for allocatur become an appeal?)
Reform of secrecy law for Pa. utilities faces long odds despite agreement that it’s a problem, via
@rebeccakmoss
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they have only billed the school district about $16.5k so far
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Excited to be in Tucson for the ABA Insurance Coverage Litigation Conference... and its proximity to a great hike!
#ICLCLitigation
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The case boils down to the extent to which the OOR can interpret and apply the Confidential Security Information act. Interesting question for the court and I’m excited to argue it!!
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@genuinezack
Participating in the settlement = waiving your right to sue in the event you are actually harmed by the data breach. $125 wouldn't compensate me for an actual loss resulting from the breach so I want to retain my right to sue just in case.
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Here is a blog post I wrote with tips for government contractors in Pennsylvania that use the RTKL to get information to help with their procurement bids
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Filing my first
#FOIL
appeal and realizing first level appeals are handled by the agency that denied the request! I think I am going to be FOILED by this procedure.
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I’m arguing Friedman II this morning. Commonwealth Court of Pennsylvania - Panel 1 - June 23rd, 2022 - 9:30 AM third on the list so probably starting closer to 10:15/10:30
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@PhillyOTIS
Three dumpsters were left in the middle of the Chestnut St bike lane this morning!! 4200 block
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@ErikOpenRecords
No questions, but thank you for all your work on transparency and best of luck in your new role!!
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Great article highlighting the danger that comes with the lack of transparency from the Public Utility Commission and ET.
SPECIAL INVESTIGATION
As the Mariner East pipelines become a permanent underpinning of Pennsylvania, secrecy and a patchwork of emergency plans have left many communities in the dark about what to do in case of an accident, via
@RebeccaKMoss
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ouch. I hate losing. submitted a revised request yesterday.
#OORFD
issued: Shannon v. City of Philadelphia City Council - Denied: Moot: Request seeks records documenting correspondence between multiple Council members and the Office of Transportation, Infra...
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i'm arguing friedman v. puc/et in the pa supreme court on tuesday morning, tune in to the audio livestream to hear me talk about the
#rtkl
and CSI act (9:30am-ish? it's the second argument of the day)
#appellatetwitter
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it is cool when city employees answer your emails, but too bad they don't have the power to actually do anything to make the streets safer
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(But think about getting counsel if it’s a hot dispute – a good lawyer will help you frame the issue and create a solid record, which is crucial if the matter is appealed beyond the OOR.)
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The PA Public Utility Commission is tasked with regulating utilities including the Mariner East 1 pipeline. The Public Utility Code gives the PUC even greater transparency requirements than the RTKL otherwise would.
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Great session on ethical advocacy in mediation. Big takeaway: stay in the driver’s seat and don’t over-delegate negotiations to your mediator!
#ICLCLitigation
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The PA Code says that when a public utility submits info to the Commission, it must state in a transmittal letter which records are CSI, and which records are non-CSI subject to the RTKL. If the utility doesn’t do this, the records are not afforded CSI protection.
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Thanks Dan for taking over this case! Dan obtained all of the applications for
@PHLschools
board seats submitted in 2020.
#rtkl
After fighting for 900+ days to conceal the 2020 Board of Education candidates' applications,
@PhiladelphiaGov
surrendered: . My thanks to prior counsel (
@MeganKShannon_
of
@mccarterenglish
) for doing the heavy lifting and to my client Nat Lownes.
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Prepping for appellate argument in 2020: Commonwealth Court is live-streaming this shit and you know your parents are going to watch
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My favorite Pennsylvania statute is in the process of getting an update. Exciting times!
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@ErikOpenRecords
Internal/predecisional are easy to establish. "Deliberative" is trickier: the agency must demonstrate specific evidence of how the information relates to the deliberation of a particular decision. Very Specific! (from McGowan v. Dept Envtl Prot, 103 A.3d 374)
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of course someone filed an appeal to philly ccp
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@rtklpgh
So frustrating - it's expensive and recovering attorney's fees is not a sure thing. And while a mandamus action seems straightforward in theory, the facts of any case are unique so it always takes more time than you expect!
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I'm excited for the
@ASAPAccessPro
National Training Conference this week! I'm on the "Innovations in State Laws" panel Wednesday morning, session 2.01, room 4 at 8am.
#FOIA
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Important case on the duty to defend in PA - argued by my colleague Meghan Finnerty before the PA Supreme Court today!
@OffitKurmanLaw
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So the issue is – can the OOR order the disclosure of those transmittal letters and the non-CSI records a public utility submitted to the PUC? And the answer should be yes! Now we wait for the Court to decide.
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The Commonwealth Court ruled very recently that the OOR does not have the authority to order the disclosure of CSI. (Petition for allocator still pending on that one… but that’s the ruling)
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@ErikOpenRecords
@OpenRecordsPA
It is WILD that any agency would get through an OOR appeal, let alone beyond that point, without a firm grasp on what the disputed record actually is! Good cautionary tale about why open records officers should attend at least one training.
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@rtklpgh
Interesting - I'm looking at another final determination where the OOR denied an appeal as untimely when the agency invoked 30 days one day after the record was deemed denied.
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If you’re in Harrisburg today check out this RTKL Roundtable! I’m on the first panel 👩⚖️😎
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This Public Utility Commission procedure to get public records is pretty inaccessible to the public: you’re forced to appeal to the Commonwealth Court, so you need a lawyer. In contrast, anyone can file an OOR appeal on their own.
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@chraho
section 708(b)(10) of the right-to-know law exempts an agency's internal, predecisional deliberations from disclosure
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