Is a police investigation report subject to disclosure under the state’s Right to Know Law?

The City of Warren says no.

The state Office of Open Records (OOR) says yes.

And now the City of Warren is asking for the county Court of Common Pleas to review the state’s decision.

Jory Giger filed a Right to Know request in February, according to City Solicitor Andrea Stapleford.

Giger, representing himself, told President Judge Maureen Skerda that he was with another person at Point Park in January. He said he wasn’t aware that there were hours for the park and was stopped by police and released within a matter of eight minutes.

He said that no citations were issued but that he is “looking for whatever the agency is holding regarding that incident.”

Stapleford said that the city denied the request, citing that investigative reports are exempt under the Right to Know Law. A second filing to the state office in response to Giger’s appeal, Stapleford said, indicated that the only record on the incident is the investigative report.

The state ruled in favor of Giger on his appeal and he pointed out that the OOR’s final determination indicates that the record is to be disclosed.

Skerda granted the city 10 days to file any additional arguments, and Giger 10 days to respond.

She said that she is “at this time, inclined to support” the OOR’s ruling but won’t rule until after those additional arguments are presented.