California University of PA v. G. Bradshaw
210 A.3d 1134
Pa. Commw. Ct.2019Background
- Gideon Bradshaw filed a Right-to-Know Law (RTKL) request to California University of Pennsylvania for records of donations from Manheim Corporation to The Foundation for California University of Pennsylvania (2008–2013) and uses of those funds.
- The University refused, asserting it did not possess Foundation records and that disclosure was barred by RTKL § 708(b)(13) because Manheim is an “individual.”
- Bradshaw appealed to the Office of Open Records (OOR), submitting an MOU showing the Foundation fundraises and manages donations on the University’s behalf.
- The OOR concluded the University no longer argued non-possession and held § 708(b)(13) protects only natural persons, not corporations, so the records were not exempt; it granted the appeal.
- The University appealed to the Commonwealth Court, arguing (1) “individual” in § 708(b)(13) includes corporations and (2) Foundation donation records need not be produced by the University.
- The Commonwealth Court affirmed: (1) under the Statutory Construction Act, “individual” means a natural person and does not include corporations; (2) records of the Foundation that directly relate to fundraising performed under the MOU are public records of the University under § 506(d)(1).
Issues
| Issue | Plaintiff's Argument (University) | Defendant's Argument (Bradshaw) | Held |
|---|---|---|---|
| Does “individual” in RTKL § 708(b)(13) include corporations? | "Individual" should be read to include corporations (Associations Code, Tax Code) so corporate donors are exempt. | Statutory Construction Act defines "individual" as a natural person; § 708(b)(13) thus protects only natural persons. | "Individual" means a natural person; corporations are not covered—corporate donors not exempt. |
| Are Foundation donation records subject to disclosure as University records? | Foundation records are private; University not required to disclose Foundation-held donations unrelated to MOU activities. | MOU shows Foundation performs fundraising/governmental functions for University; records directly related to those functions are agency records under § 506(d)(1). | Donation records directly related to fundraising performed under the MOU are public records of the University and must be disclosed. |
Key Cases Cited
- Bowling v. Office of Open Records, 75 A.3d 453 (Pa. 2013) (RTKL presumes records public; exceptions narrowly construed)
- Pa. State Police v. McGill, 83 A.3d 476 (Pa. Cmwlth. 2014) (statutory exceptions to disclosure construed narrowly)
- Whitmoyer v. Workers’ Comp. Appeal Bd. (Mountain Country Meats), 186 A.3d 947 (Pa. 2018) (statutory language assessed in context of statute as whole)
- E. Stroudsburg Univ. Found. v. Office of Open Records, 995 A.2d 496 (Pa. Cmwlth. 2010) (records of third-party performing governmental functions can be agency public records under RTKL)
- City of Harrisburg v. Prince, 186 A.3d 544 (Pa. Cmwlth.) (discussing scope of § 708(b)(13))
- Municipality of Mt. Lebanon v. Gillen, 151 A.3d 722 (Pa. Cmwlth. 2016) (RTKL exceptions interpretation)