Pennsylvania Executive Order on "Scandalous or Disagraceful Conduct" (Pennsylvania Game Commission)

To whom it may concern,

The Pennsylvania Game Commission is in receipt of your request under the Pennsylvania Right-to-Know Law (RTKL). You requested, "any records reflecting a complaint, charge, or disciplinary action concerning any violation (or alleged violation) of scandalous or disgraceful conduct policy. Any records reflecting any warning issued to any employee concerning the scandalous or disgraceful conduct policy. Any policy, guidance, regulation, or handbook concerning the scandalous or disgraceful conduct policy. This request is limited to records generated on or after May 5, 2024." A complete copy of your request is below for your ease of reference.

Your request is denied, in-part, and granted, in-part, as described below.

Your request is denied, in-part, as the RTKL provides that certain investigative records are exempt from public access or disclosure. For example, a record of an agency relating to a non-criminal investigation is exempt from disclosure. See, 65 P.S. § 67.708(b)(17); and, Pennsylvania Game Comm'n v. Fennell, 149 A.3d 101 (Pa. Cmwlth. 2016) (holding complaints submitted to agency non-public). The non-criminal investigative exemption covers, "[i]nvestigative materials, notes, correspondence, and reports; and, a record that, if disclosed, would...reveal the institution, progress, or result of an agency investigation." 65 P.S. §§ 67.708(b)(17)(ii) and 67.708(b)(17)(vi)(A). Therefore, to the extent any documents concerning the above-referenced matter(s) exists, such records are investigatory and the request is denied.

Additionally, your request is denied, in-part, as written criticisms of an employee; grievance material, including documents related to discrimination or sexual harassment; and information regarding discipline, demotion or discharge contained in a personnel file are exempt from disclosure. See, 65 P.S. §§ 67.708(b)(7)(vi)(vii)(viii).

Although records of a final action from an agency that results in a demotion or discharge are presumed public, the PGC performed an extensive search of its systems and determined it does not have records of a final action that resulted in a demotion or discharge for any violation of the scandalous or disgraceful conduct policy. The PGC does not possess these records.

Your request is granted in the remainder. Attached hereto, please find one (1) responsive record. I have also provided three (3) links below for your reference.

Criminal Conduct | Human Resources | Commonwealth of Pennsylvania<https://www.pa.gov/agencies/hrmoa/programs/employee-relations/criminal-conduct.html#:~:text=The%20Governor%27s%20Code%20of%20Conduct,must%20be%20suspended%20without%20pay.>

Discipline | Human Resources | Commonwealth of Pennsylvania<https://www.pa.gov/agencies/hrmoa/programs/employee-relations/discipline.html>

Employee Relations Policies and Laws | Human Resources | Commonwealth of Pennsylvania<https://www.pa.gov/agencies/hrmoa/programs/employee-relations/policies-laws.html>

Please know that you have the right to appeal this response by writing to the Office of Open Records, 333 Market Street, 16th Floor, Harrisburg, PA 17101-2234. Should you wish to file an appeal you must do so within fifteen (15) days of the mailing date of the agency's response.

Sincerely,

Zachary Fahnestock
Agency Open Records Officer
Office of Chief Counsel
Pennsylvania Game Commission
2001 Elmerton Avenue
Harrisburg, PA 17110