Denied: Records from PEBTF, not a public agency
Denied: A request from a state
representative for financial records and reports
from the Pennsylvania Employees Benefit Trust
Fund.
The PEBTF said it was not a Commonwealth agency and not subject to the Right to Know Law, and the Office of Open Records agreed.
The PEBTF said it was not a Commonwealth agency and not subject to the Right to Know Law, and the Office of Open Records agreed.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request from a state representative for financial records and reports from the Pennsylvania Employees Benefit Trust Fund.
The PEBTF said it was not a Commonwealth agency and not subject to the Right to Know Law, and the Office of Open Records agreed.
The requester, arguing that the PEBTF was an "independent agency" as defined in the RTKL, filed an appeal. The local council of the American Federation of State, County and Municipal Employees (AFSCME) was granted permission to comment on the appeal, as a party with direct interest.
The Office of Open Records, in its determination, noted that the question before it was whether or not the PEBTF was itself an agency of the Commonwealth, subject to the RTKL.
It did not consider whether or not the PEBTF might be considered a third-party contractor who might be subject to producing records under the "third party" provision of the law. The OOR noted that the requester did not seek the records of a third-party contractor -- in which case the request would have had to been made to a Commonwealth agency -- but requested records directly from the PEBTF, and filed an appeal based on the premise that the PEBTF itself was an agency.
The OOR noted that the RTKL law provides the following definition:
“Independent agency.” Any board, commission or other agency or officer of the Commonwealth, that is not subject to the policy supervision and control of the Governor."
It noted that the PEBTF is not run by the Commonwealth, but run for the benefit of state employees, retirees and their dependents.
"The requester advances a compelling argument in the significant amount of public funds contributed to PEBTF," the OOR wrote. "However that factor does not convert a private entity to a public one. There are many entities that receive large sums from government, but are not public agencies." The OOR cited its previous ruling in Donohue v. Wall Street West, AP 2009-0221.
The OOR determined that the PEBTF demonstrated it is neither a "Commonwealth agency" nor an "independent agency" as they are defined in the Right to Know Law, and therefore the OOR had no jurisdiction to order access to its records.
Baker vs. PEBTF -- AP 2009-0608
Denied: A request from a state representative for financial records and reports from the Pennsylvania Employees Benefit Trust Fund.
The PEBTF said it was not a Commonwealth agency and not subject to the Right to Know Law, and the Office of Open Records agreed.
The requester, arguing that the PEBTF was an "independent agency" as defined in the RTKL, filed an appeal. The local council of the American Federation of State, County and Municipal Employees (AFSCME) was granted permission to comment on the appeal, as a party with direct interest.
The Office of Open Records, in its determination, noted that the question before it was whether or not the PEBTF was itself an agency of the Commonwealth, subject to the RTKL.
It did not consider whether or not the PEBTF might be considered a third-party contractor who might be subject to producing records under the "third party" provision of the law. The OOR noted that the requester did not seek the records of a third-party contractor -- in which case the request would have had to been made to a Commonwealth agency -- but requested records directly from the PEBTF, and filed an appeal based on the premise that the PEBTF itself was an agency.
The OOR noted that the RTKL law provides the following definition:
“Independent agency.” Any board, commission or other agency or officer of the Commonwealth, that is not subject to the policy supervision and control of the Governor."
It noted that the PEBTF is not run by the Commonwealth, but run for the benefit of state employees, retirees and their dependents.
"The requester advances a compelling argument in the significant amount of public funds contributed to PEBTF," the OOR wrote. "However that factor does not convert a private entity to a public one. There are many entities that receive large sums from government, but are not public agencies." The OOR cited its previous ruling in Donohue v. Wall Street West, AP 2009-0221.
The OOR determined that the PEBTF demonstrated it is neither a "Commonwealth agency" nor an "independent agency" as they are defined in the Right to Know Law, and therefore the OOR had no jurisdiction to order access to its records.
Baker vs. PEBTF -- AP 2009-0608