Pittston Area School District partially denied a Right-to-Know request submitted by the Times Leader seeking:

1. District communications with the medical insurance provider between Oct. 3 and the present day, involving discussions regarding inpatient rehabilitation care.

2. District minutes and filings from Pittston Area school board meetings between Oct. 3 and Oct. 22.

3. School board emails from Oct. 3 and present day involving Superintendent Kevin Booth and/or Assistant Superintendent John Haas.

4. District records from Oct. 3 to the present day concerning employee #040377 being put on administrative leave.

5. Any records the district reported or filed to the Pennsylvania Department of Education regarding the arrest of Booth, and any following correspondence from Oct. 3 and Oct. 22.

The request was submitted on Oct. 22, after an unnamed employee #040377 was put on paid administrative leave at the Pittston Area school board meeting on Oct. 21. Assistant Superintendent Haas did not reply when previously asked if the employee put on paid administrative leave was Superintendent Booth.

Haas has led Pittston Area school board meetings since October in place of Booth, who was arraigned on Oct. 6 on allegations he “choked” his wife during a domestic dispute.

Days after the domestic disturbance, Booth admitted himself to an inpatient rehabilitation center, according to a civil court record.

The request for minutes and filings from Oct. 3 to the date of the request on Oct. 22 was granted on Nov. 21, following a 30-day extension during which to respond.

The district denied the remaining requests. The district asserted that records responsive to item 1 of the request disclose a record or information relating to a communication between an agency and its insurance carrier and include an individual’s medical, psychiatric, and psychological history; that records responsive to item 3 do not exist in its possession, custody, or control; and that records responsive to items 4 and 5 are exempt employee records.

On Nov. 24, the Times Leader appealed, challenging the denial. Various position statements were submitted from both sides, and submission periods were extended.

The final determination was issued Feb. 13. The appeal was denied.

The Pennsylvania Office of Open Records determined:

• The district demonstrated that the record responsive to item 1 of the request relates to an individual’s medical history. Therefore, the records are exempt from disclosure under Section 708(b)(5) of the RTKL.

• The district demonstrated that there are no records responsive to item 3 of the request in its possession, custody, or control. Legal precedent is that an agency must provide detailed evidence submitted in good faith that it has conducted a reasonable search to uncover all relevant documents. Haas, the director of technology, and the board secretary reported finding no responsive records. Therefore, based on the evidence provided, the district demonstrated it performed a good-faith search and met its burden of proof.

• Certain records maintained in an employee personnel file are exempt under Section 708(b)(7) of the RTKL. Since the employee’s status has not changed, information regarding discipline, demotion, or discharge contained in a personnel file is exempt.

• The remaining responsive records to items 4 and 5 are confidential. Under 24 P.S. § 2070.17(a), “all information relating to any complaints or any proceedings relating to or resulting from such complaints, including the identity of the complainant, shall remain confidential, unless or until discipline is imposed.” Since the specified employee’s status has not changed, any responsive records that exist are confidential under 24 P.S. § 2070.17(b).

Contracts

Pittston Area School District previously provided the Times Leader with the contracts of Booth and Haas following a separate Right-to-Know request filed after Haas led meetings in Booth’s place without a public appointment.

Under 24 P.S. § 10‑1079 (2025), a school board may appoint an acting or substitute district superintendent or assistant superintendent when a superintendent or assistant superintendent is absent or on leave.

Attorney Samuel Falcone, Pittston Area solicitor, previously said that Haas taking on Booth’s duties is a contractual obligation. According to Falcone, Haas, as assistant superintendent, automatically takes on Booth’s responsibilities if Booth is unavailable.

Haas’ contract confirms that in the absence of the district superintendent, the assistant superintendent is “to serve as Chief Administrator of the School District and as Executive Officer for the Board…”

Haas also previously said that “acting superintendent” is not his official title in Booth’s absence.

Booth’s preliminary hearing is scheduled for March 3.