While an AORO’s Attestation Affidavit can be sufficient proof of a thorough search and a complete response, Affidavits that contain “a generic determination or conclusory statements are not sufficient to justify the exemption of public records.” Jeffrey Krug v. Bloomsburg University of Pennsylvania, Final Determination No. AP 2018-1599, Pa. O.O.R.D. November 21, 2018. In Krug, the University AORO’s Affidavit was deemed insufficient by the OOR because it failed to provide sufficient factual basis to evidence a good faith search. The OOR found that a “conclusory affidavit” stating that all records have been provided without providing non-conclusive explanations of the specifics of the manner of the search and the completeness of the response was insufficient to meet an agency’s burden under the RTKL.
Exhibit 18 of the OOR’s Agency Open Records Officer Guidebook (PDF pages 73 -75) provides specific guidance on the acceptable content of an AORO Attestation Affidavit. Attestation’s evidencing a good faith search need to include specific details of what types of records were searched, the location of the records “i.e. individual email accounts, agency servers, deleted email servers, service providers, etc.”, details regarding third party inquiries and responses, and what records if any were produced. In Krug the OOR ruled that because the University AORO’s Attestation Affidavit did not contain these specific averments, the Affidavit was insufficient to meet the University’s burden of proving a thorough search and a complete response. Consequently, the OOR ordered the University to conduct a good faith search and provide all responsive records.