Bagwell v. Pennsylvania Department of Education

CONCURRING OPINION BY

Judge McCullough.

I concur in the result reached by the Majority. I write separately to address my concerns regarding the record before the Office of Open Records (OOR) and to expound upon the Majority’s discussion of whether, or under what circumstances, the attorney work-product and attorney-client privileges can be waived under the Right-to-Know Law (RTKL).1

Regarding the record created before the OOR, it is not clear the OOR had “the *422necessary, requisite information and evidence before it to properly adjudicate the matter,” (op. at 413, citing OOR’s Final Determination…