Honaman v. Township of Lower Merion
13 A.3d 1014
Pa. Commw. Ct.2011Background
- Requester challenged a Montgomery County trial court decision reversing an OOR determination that Lower Merion Township must provide real estate tax records under RTKL.
- Tax records at issue were maintained by the Lower Merion Tax Collector, an independent elected official, not by the Township.
- The LTCL provides the Tax Collector with monthly reports and certain tax duplicates, but explicitly states the Tax Collector is not an agency under RTKL.
- OOR and Trial Court treated the Tax Collector’s records as potentially subject to RTKL; the Trial Court found they were not in the Township’s possession or control.
- The RTKL presumption of public records applies to records in an agency’s possession; custody or control is not the same as possession and is not automatically public.
- On appeal, the Commonwealth Court affirmed the trial court, holding the Tax Collector’s records are not Township records and are not public records under RTKL.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Township possessed or controlled the requested records | Honaman: records are agency records via custody/control. | Lower Merion: Tax Collector is not an agency; records remain with Tax Collector. | Records not subject as Township records; no possession or control. |
| Whether RTKL permits Township to compel production or fees for tax records | RTKL requires production; OOR determination should apply; fees permissible under §1307. | LTCL §4.3 limits agency reach; OOR cannot set fees for records not in Township possession. | RTKL does not authorize Township to impose duplication fees for records not in its possession; OOR cannot compel. |
| Whether Requester’s profit motive affects RTKL access | RTKL prohibits denying access based on motive; Requester is a private entity seeking records for profit. | Trial court properly considered motive but did not abuse discretion; motive is not dispositive. | No reversible error; motive consideration did not negate statutory rights |
| Whether the Tax Collector’s records can ever become Township records under RTKL | Records become public if maintained or in custody by agency via delegation or control. | No delegation; LTCL keeps records with Tax Collector; township cannot access. | Tax Collector records are not Township records; not subject to RTKL disclosure. |
| Whether the LTCL and related statutes preempt RTKL regarding tax records | RTKL should apply; statute intends broad access; LTCL cannot shield records. | LTCL explicitly preserves Tax Collector independence; RTKL does not apply to Tax Collector records. | LTCL controls; RTKL does not apply to Tax Collector records. |
Key Cases Cited
- Office of the Budget v. Office of Open Records, 11 A.3d 618 (Pa.Cmwlth.2011) (discusses custody/control vs possession under RTKL)
- State Employees' Retirement System v. Office of Open Records, 10 A.3d 358 (Pa.Cmwlth.2010) (fee authority and costs related to responding to RTKL requests)
- Lukes v. Department of Public Welfare, 976 A.2d 609 (Pa.Cmwlth.2009) (maintained vs custody/control; context for public records)
- Scranton Times, L.P. v. Scranton Single Tax Office, 736 A.2d 711 (Pa.Cmwlth.1999) (commercial use and access to public records pre-RTKL relevance)
- Current Status, Inc. v. Hykel, 778 A.2d 781 (Pa.Cmwlth.2001) (pre-RTKL authority cited on access/public records)