Court case might set precedent on open records
June 07, 2010 | Filed in: Right to Know
Law | Open
records
BY CHARLES SCHILLINGER
The [Scranton] Times-Tribune
A landmark decision by the Commonwealth Court that helps define the term "governmental function" in the Right to Know Law could change the way local governments and their vendors do business.
It could also impact the outcome of three cases involving vendor records related to Lackawanna County government.
The Commonwealth Court found in the case "East Stroudsburg University Foundation v. Office of Open Records" that the foundation, a nonprofit arm of the state-funded university, had to turn over donor information and minutes of meetings of the foundation to The Pocono Record newspaper in Stroudsburg. The foundation has 30 days to appeal the decision.
Vendors for public agencies, including the foundation, have argued their role is not a governmental function, but a proprietary business function, and therefore exempt from the law. The court disagreed.
"Because the General Assembly only used the term 'governmental function' ... the language is plain that all contracts that governmental entities enter into with private contractors necessarily carry out a 'governmental function' - because the government always acts as the government," said Judge Dan Pellegrini in the majority opinion.
The ruling was the first case on the appellate level to give some definition to governmental function within the new law.
"I think this may make access easier where there's a contractor involved," said Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association. "The court interpreted it in a way we've been arguing for and, I think, the Legislature intended it to be."
The ruling might signal how the court will rule in similar cases, Ms. Melewsky said.
The SWB Yankees LLC - the management group for the Scranton/Wilkes-Barre Yankees and PNC Field - has appealed two state Office of Open Record rulings related to bids for concessions at the stadium and naming rights of the stadium. SWB Yankees has argued its role is proprietary. It manages the team franchise and stadium on behalf of the Lackawanna County Multi-Purpose Stadium Authority, which owns the stadium and the rights to the franchise.
In a third case, Lackawanna County has sued its prison medical care provider, Correctional Care Inc., for refusing to turn over records related to a five-year, $8.6 million contract that expired last year. A hearing on the case is scheduled for July 14. A new contract with the provider requires it make available records related to its county work.
Before the Commonwealth Court ruling, Lackawanna County government already started making new vendors aware that records in their possession might need to be made public, said county solicitor John O'Brien.
"We've been telling (vendors) this is the cost to do business with government now. What you're doing for us is going to be public," Mr. O'Brien said.
The [Scranton] Times-Tribune
A landmark decision by the Commonwealth Court that helps define the term "governmental function" in the Right to Know Law could change the way local governments and their vendors do business.
It could also impact the outcome of three cases involving vendor records related to Lackawanna County government.
The Commonwealth Court found in the case "East Stroudsburg University Foundation v. Office of Open Records" that the foundation, a nonprofit arm of the state-funded university, had to turn over donor information and minutes of meetings of the foundation to The Pocono Record newspaper in Stroudsburg. The foundation has 30 days to appeal the decision.
Vendors for public agencies, including the foundation, have argued their role is not a governmental function, but a proprietary business function, and therefore exempt from the law. The court disagreed.
"Because the General Assembly only used the term 'governmental function' ... the language is plain that all contracts that governmental entities enter into with private contractors necessarily carry out a 'governmental function' - because the government always acts as the government," said Judge Dan Pellegrini in the majority opinion.
The ruling was the first case on the appellate level to give some definition to governmental function within the new law.
"I think this may make access easier where there's a contractor involved," said Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association. "The court interpreted it in a way we've been arguing for and, I think, the Legislature intended it to be."
The ruling might signal how the court will rule in similar cases, Ms. Melewsky said.
The SWB Yankees LLC - the management group for the Scranton/Wilkes-Barre Yankees and PNC Field - has appealed two state Office of Open Record rulings related to bids for concessions at the stadium and naming rights of the stadium. SWB Yankees has argued its role is proprietary. It manages the team franchise and stadium on behalf of the Lackawanna County Multi-Purpose Stadium Authority, which owns the stadium and the rights to the franchise.
In a third case, Lackawanna County has sued its prison medical care provider, Correctional Care Inc., for refusing to turn over records related to a five-year, $8.6 million contract that expired last year. A hearing on the case is scheduled for July 14. A new contract with the provider requires it make available records related to its county work.
Before the Commonwealth Court ruling, Lackawanna County government already started making new vendors aware that records in their possession might need to be made public, said county solicitor John O'Brien.
"We've been telling (vendors) this is the cost to do business with government now. What you're doing for us is going to be public," Mr. O'Brien said.