Governor's Office of Administration v. S. Campbell
103 C.D. 2017
| Pa. Commw. Ct. | Sep 28, 2017Background
- Simon Campbell (Requester) sought from the Governor’s Office of Administration (OA) an electronic extract of all Commonwealth employees’ full names, job titles, dates of birth, and counties of residence from OA databases.
- OA produced public information available on PennWatch (names, titles, salaries, agencies) but denied dates of birth and counties of residence.
- Requester appealed to the Office of Open Records (OOR); OOR upheld denial of dates of birth but ordered disclosure of employees’ counties of residence.
- OA sought review in Commonwealth Court and requested a stay pending the Pennsylvania Supreme Court’s review of Reese (McCord v. Pennsylvanians for Union Reform), which raises the same county-of-residence disclosure issue in light of PSEA.
- Commonwealth Court held the matter in abeyance pending the Supreme Court’s disposition of Reese, directing OA to file a status report after that decision or by a set date.
Issues
| Issue | Plaintiff's Argument (OA) | Defendant's Argument (Campbell) | Held |
|---|---|---|---|
| Whether the court should stay proceedings pending the Pennsylvania Supreme Court’s decision in Reese | Stay needed because Reese likely dispositive; disclosure now could moot Supreme Court review and waste resources | No opposition filed | Court held the case in abeyance pending Supreme Court disposition of Reese |
| Whether counties of residence must be disclosed under RTKL | OA argued disclosure may be barred/limited by privacy interests after PSEA and employees deserve process before wholesale release | Campbell (Requester) argued county of residence is public and should be produced | OOR had ordered disclosure; Commonwealth Court stayed further action awaiting Supreme Court guidance in Reese |
| Whether due process requires notice/participation by affected employees before disclosure | OA argued employees entitled to opportunity to protect privacy interests before wholesale release | No opposing brief from Requester; OOR did not provide such process | Court did not decide merits; held matter pending Supreme Court ruling so due-process issue not resolved now |
| Whether PSEA’s privacy balancing applies to county-of-residence information | OA argued PSEA requires a balancing test weighing privacy against public interest before disclosure | Requester argued county is public under Administrative Code/RTKL | Court deferred resolution until Supreme Court clarifies PSEA’s impact in Reese |
Key Cases Cited
- McCord v. Pennsylvanians for Union Reform, 136 A.3d 1055 (Pa. Cmwlth.) (addressed public access to Commonwealth employee list; appeal pending before PA Supreme Court as Reese)
- Pennsylvania State Educational Association v. Department of Community and Economic Development (PSEA), 148 A.3d 142 (Pa. 2016) (held employee home address privacy protected by PA Constitution unless public interest outweighs privacy)
- Commonwealth v. Pennsylvania State Police, 146 A.3d 814 (Pa. Cmwlth. 2016) (supports prudential stays/abatement pending controlling precedent)
- Bowling v. Office of Open Records, 75 A.3d 453 (Pa. 2013) (standard of review for OOR determinations by Commonwealth Court is de novo)