Commonwealth v. Donahue, 2013 Pa. Commw. LEXIS 28

Office of the Governor seeks declaratory relief that five-day RTKL response starts when the agency’s open-records officer receives the request.
OOR previously held five-day period begins when any agency employee receives the request.
In March 2012, Donahue emailed a RTKL request to the Office and other agencies; the Office’s open-records officer did not directly receive it.
OGC informed Donahue March 12 that multiple agencies had received the request and would respond; several responses were issued.
OOR deemed the request denied for timeliness because no timely response was issued, but ultimately denied on sufficiency of specificity.
The Office filed suit in May 2012 seeking a declaration that the five-day clock runs from the open-records officer’s receipt, not from any employee.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does the five-day RTKL response period commence?	Office: starts when open-records officer receives the request.	OOR: starts when any agency employee receives the request.	Commencement is upon receipt by the open-records officer.
Does PGCB control the proper commencement rule?	PGCB does not govern the start date of the five-day period for proper commencement.	PGCB supports commencement upon agency receipt of the request.	PGCB does not control here; distinguish PGCB and interpret §901 as for the open-records officer.

Walker v. Eleby, 842 A.2d 389 (Pa. 2004) (plain-language interpretation of statutes preferred when unambiguous)
Meier v. Maleski, 670 A.2d 755 (Pa.Cmwlth. 1996) (when language is clear, no further construction is needed)
In re Condemnation by Urban Redevelopment Auth. of Pittsburgh, 527 Pa. 550 (Pa. 1991) (judicial presumption of good faith in public officials)
Pennsylvania Gaming Control Board v. Office of Open Records, 48 A.3d 503 (Pa.Cmwlth. 2012) (distinguished where agency failed to respond; not about start of five-day period)