Audio Tape Recording of a Telephone Call to An Emergency Center Reporting a Shooting As Evidence
Should a Person Requesting Demonstrate a Close Relationship Between the Requested Material and an Actual Agency Minute Order or Decision Fixing Some Right or Duty ?
In North Hills News Record v. Town of McCandless, 555 Pa. 51, 722 A.2d 1037 (1999), the Court held a requester "must demonstrate a close relationship between the requested material and an actual agency minute, order or decision fixing some right or duty." Id. at 58, 722 A.2d at 1040.
The requester in McCandless sought to access an audio tape recording of a telephone call to an emergency center reporting a shooting.
The requester claimed the audio tape formed the basis for the municipality's decision to dispatch emergency personnel and prosecute the perpetrator. Id.
The Court rejected the requester's argument, holding that the connection between the conversation on the audio tape and the decision to dispatch services was "speculative and attenuated." Id. at 59, 722 A.2d at 1040.
Further, the Court found the requester failed to demonstrate that the decision to dispatch services or to prosecute the perpetrator was predicated on the audio tape, or that the audio tape constituted an essential component of these decisions. Id.