A Carbon County judge sided with Weatherly Area School District on July 21 when he overturned a Pennsylvania Office of Open Records ruling that would have required the district to turn over certain text messages and emails to a board member.

Director Gerald Grega sought access to text messages and emails between the district superintendent, other board members and the group that represents the district, Slusser Law Firm, from Dec. 1-18.

The district initially denied Grega’s request, arguing the emails are subject to attorney-client privilege and text messages do not exist. Grega appealed, stating, “any emails where he is the subject should be provided without redaction.”

The Office of Open Records determined Weatherly did not make a good faith search for the records. Weatherly appealed that decision in Carbon County Court.

Carbon Judge Steven Serfass, in his ruling, said it was “clear from the evidence that the records sought by Grega contained information protected by attorney-client privilege.”

“The records include communications between the superintendent and attorney regarding requests for legal advice,” Serfass said. “The requested records are protected by attorney-client privilege and therefore are not subject to disclosure under the Right To Know Law.”

Grega called the ruling a “loss for public transparency.”

The ruling came following an evidentiary hearing on May 20.