Ron Tomalis Employment Documents Right-to-Know Requests and Responses

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Adela Brooke Small
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1 Ron Tomalis Employment Documents Right-to-Know Requests and Responses

2 August 25, 2014 Larry McComsey Pennsylvania Department of Education 333 Market St., 15th Floor Harrisburg, PA Dear Mr. McComsey: Pursuant to Pennsylvania s Right to Know Law, I am requesting copies of the listed documents below for Ron Tomalis from January 18, 2011 to August 25, The request documents include: Ron Tomalis s Employee Contract(s) Ron Tomalis s Employee Performance Review(s) Ron Tomalis s Evaluation(s) Ron Tomalis s Individual Development Plan(s) Ron Tomalis s Self-Initiated Progress Report(s) Ron Tomalis s Employee Performance Improvement Plan(s) Some of these documents are explained on the Pennsylvania Office of Administration website at the following URL: I also request that in your response, should you withhold any documents or portions of documents, you state the specific legal and factual grounds for the omission. In addition, if you do withhold any documents or portions of documents, please identify each document that falls within the scope of this request but is being withheld from release. Please send these files to me by at mike@freshstartpa.org. I agree to pay up to $250 in copy costs and search time expenses. If the cost of fulfilling this request will exceed that amount, I request that you send me a written estimate in advance. Thank you for your assistance in this matter. Sincerely,

3 August 25, 2014 Office of the Governor 225 Main Capitol Harrisburg, PA Dear : Pursuant to Pennsylvania s Right to Know Law, I am requesting copies of the listed documents below for Ron Tomalis from January 18, 2011 to August 25, The request documents include: Ron Tomalis s Employee Contract(s) Ron Tomalis s Employee Performance Review(s) Ron Tomalis s Evaluation(s) Ron Tomalis s Individual Development Plan(s) Ron Tomalis s Self-Initiated Progress Report(s) Ron Tomalis s Employee Performance Improvement Plan(s) Some of these documents are explained on the Pennsylvania Office of Administration website at the following URL: I also request that in your response, should you withhold any documents or portions of documents, you state the specific legal and factual grounds for the omission. In addition, if you do withhold any documents or portions of documents, please identify each document that falls within the scope of this request but is being withheld from release. Please send these files to me by at mike@freshstartpa.org. I agree to pay up to $250 in copy costs and search time expenses. If the cost of fulfilling this request will exceed that amount, I request that you send me a written estimate in advance. Thank you for your assistance in this matter. Sincerely,

4 August 25, 2014 Governor's Office of Administration 221 Finance Building Harrisburg, PA Dear : Pursuant to Pennsylvania s Right to Know Law, I am requesting copies of the listed documents below for Ron Tomalis from January 18, 2011 to August 25, The request documents include: Ron Tomalis s Employee Contract(s) Ron Tomalis s Employee Performance Review(s) Ron Tomalis s Evaluation(s) Ron Tomalis s Individual Development Plan(s) Ron Tomalis s Self-Initiated Progress Report(s) Ron Tomalis s Employee Performance Improvement Plan(s) Some of these documents are explained on the Pennsylvania Office of Administration website at the following URL: I also request that in your response, should you withhold any documents or portions of documents, you state the specific legal and factual grounds for the omission. In addition, if you do withhold any documents or portions of documents, please identify each document that falls within the scope of this request but is being withheld from release. Please send these files to me by at mike@freshstartpa.org. I agree to pay up to $250 in copy costs and search time expenses. If the cost of fulfilling this request will exceed that amount, I request that you send me a written estimate in advance. Thank you for your assistance in this matter. Sincerely,

9 From: Sent: To: Cc: Subject: Attachments: OA, RTK-OA Tuesday, August 26, 20142:04 PM GOVRTKL; ED, Right to Know RE: OA RTKL Right-to-Know Request _RTKL_Request.pdf Dear Mr. Mikus: On August 25, 2014, the open-records officer of the Governor s Office of Administration (OA) received your written request for information. OA is responding to your request under the Pennsylvania Right-To- Know Law, 65 P.S , et seq. (RTKL). Your request is attached. Under the RTKL, a written response to your request was due on or before September 2, This is OA s final response. OA does not have any of the records that you request in its possession, under its custody or its control. Pursuant to the Office of Open Records Final Decision in Jenkins vs. Pennsylvania Department of State, OOR Dkt. AP , it should be noted that: "It is not a denial of access when an agency does not possess records and [there is no] legal obligation to obtain them (see, e.g. Section (d)(1)). In accordance with Section (b)(1) of the RTKL, a copy of this response and your request has been provided to the s for the agencies listed below, as those agencies may have documents responsive to your request. However, no RTKL rights accrue to you against those agencies until such time as you make a request directly to those agencies that is: 1) in writing; 2) states that it is being made pursuant to the RTKL; and, 3) is addressed to the s for the agencies as follows: Office of the Governor 225 Main Capitol Harrisburg, Pennsylvania Fax: Telephone: RA-GOVRTKL@pa.gov PA Department of Education 333 Market Street, 15 th Floor Harrisburg, PA Telephone: RA-RTK-Education@pa.gov You have a right to appeal this response in writing to Terry Mutchler, Executive Director, Office of Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4 th Floor, Harrisburg, Pennsylvania If you choose to file an appeal you must do so within 15 business days of the mailing date of this response and send to the OOR: 1) this response; 2) your request; and 3) the reason why you think the record exists under the custody or control of the agency. 1

10 Also, the OOR has an appeal form available on the OOR website at: Sincerely, If you have any questions, please contact our office at the telephone number listed below. Wha Lee Strohecker PA Office of Administration 207 Finance Building Harrisburg, Pennsylvania cc: 2

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA Department of Labor and Industry, : Petitioner : : v. : No. 107 C.D. 2015 : Submitted: August 14, 2015 John Earley, : Respondent : BEFORE: HONORABLE DAN PELLEGRINI,