39 A.3d 625
Pa. Commw. Ct.2012Background
- Greenberger sought RTKL documents from the Department and Reliance on the drafting of the Reinsurance Offset Guidelines.
- Reliance has been in liquidation since 2001 with the Department acting as Statutory Liquidator.
- OOR denied access because records were internal, predecisional, deliberative.
- Requestor urged separate capacities doctrine to treat Reliance as a separate entity for RTKL purposes.
- Court held OOR lacked jurisdiction because liquidation proceedings are under court control and RTKL does not apply to rehabilitation/liquidation; vacated the OOR order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OOR had jurisdiction to hear RTKL request in liquidation | Greenberger argues Reliance is separate; RTKL should apply | Department says OOR lacked jurisdiction; records are under court supervision | OOR lacked jurisdiction; vacate order |
| Whether the Reinsurance Offset Guidelines records are internal, predecisional deliberations | Records were between Reliance and Department in liquidation, not internal | Records formed during predecisional deliberations about offsets | Records were predecisional and deliberative; exempt under RTKL would apply if jurisdiction allowed |
| Whether the separate capacities doctrine applies to make Reliance an agency for RTKL | Separate capacities doctrine means two entities; RTKL would apply to Reliance | In liquidation, Statutory Liquidator and Reliance are one for purposes of records | Doctrine not applicable; records are internal to liquidation proceedings under court supervision |
| Whether RTKL is inapplicable to rehabilitation/liquidation proceedings | RTKL should permit access to records | Court-supervised liquidation controls records; RTKL not applicable | RTKL inapplicable to liquidation; court governs records |
Key Cases Cited
- Koken v. One Beacon Ins. Co., 911 A.2d 1021 (Pa.Commw.Ct.2006) (separate capacities doctrine; agency treatment in RTKL context)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (broad review standard for OOR decisions; standard articulated for RTKL)