PERSONAL EMAIL USE IN BOARD CORRESPONDENCE CONCERNING THE LITIGATION

▸ Related Observation — AP 2026-0167

Date: July 14, 2026  ·  Status: Preserved, Not Asserted  ·  Passive Entry

In connection with OOR Appeal AP 2026-0167, the extension of the Final Determination deadline to August 28, 2026 was consented to without objection as a scheduling matter only. While reviewing the procedural posture of that appeal, two observations were noted for possible future relevance.

At the time of consenting to the extension, no record exists indicating whether the Office of Open Records sought clarification from the Octorara Area School District regarding the scope of the District’s search, the locations searched, or records later identified as existing within personal email accounts. This observation is preserved solely to memorialize the procedural record. It is not presently asserted as error.

The later identification of responsive records located within personal email accounts raises a separate procedural question regarding the completeness of the agency’s original search. If an affidavit or verification of search was provided by the District, it may become relevant to determine:

• the locations represented as having been searched;
• whether personal email accounts were included or excluded;
• the basis upon which completeness of the search was certified; and
• whether later-discovered responsive records affect the representations previously made concerning the adequacy of the search.

No conclusion is presently asserted regarding either observation. These observations are preserved solely for possible evaluation after the Final Determination in AP 2026-0167 is issued. This entry is passive and does not alter the sequencing of the primary AP 2026-1329 finding above.