83 A.3d 1101
Pa. Commw. Ct.2014Background
- Requester Hadley appeals a Venango County trial court decision affirming the OOR final determination that the Oil Region Alliance is not a local agency under the RTKL.
- Alliance is a private nonprofit corporation, governed by a 25-member board with 21 private-sector members; it focuses on economic development, recreation, and tourism in Venango and parts of Crawford Counties and owns property for industrial development.
- The Alliance denied a RTKL request for employee names and salaries, asserting it is not an agency subject to RTKL.
- OOR and the trial court concluded the Alliance does not qualify as a Commonwealth or local agency and therefore is not subject to RTKL disclosure requirements.
- The court addressed (i) proper standard of review under RTKL, (ii) whether the Alliance is a local agency under the RTKL’s “local agency” definition, and (iii) the applicability of Section 506(d) to obtain third-party records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Alliance is a local agency under RTKL. | Hadley argues Alliance is a local/tourism development agency. | Alliance argues it is a private nonprofit, not controlled by government. | Alliance is not a local agency under RTKL. |
| What standard of review applies to OOR determinations in RTKL appeals. | Hadley contends de novo review; trial court erred applying deferential review. | Alliance/OOR contend Bowling en banc allows some deference per RTKL framework. | Court affirmatively adopts de novo review; any error was harmless. |
| Whether Section 506(d) permits access to Alliance records as a third-party records recipient. | SWB Yankees supports access to records via third-party contract when governmental function is performed. | No contract with government; Alliance does not perform governmental functions under contract. | Section 506(d) not implicated; records not accessible via third-party records. |
Key Cases Cited
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (de novo review for RTKL appeals; en banc decision in Bowling (2013))
- PIDC v. Ali, 56 A.3d 40 (Pa.Cmwlth.2012) (similar governmental entity analysis; government control factors)
- SWB Yankees LLC v. Wintermantel, 615 Pa. 640, 45 A.3d 1029 (Pa. 2012) (records of third-party contractor accessed through contract under Section 506(d))
- Honaman v. Lower Merion Twp., 13 A.3d 1014 (Pa.Cmwlth.2011) (contractual relationship required for third-party access under RTKL)
- Mooney v. Bd. of Trs. of Temple Univ., 448 Pa. 424, 292 A.2d 395 (Pa. 1972) (government funding does not transform nonprofit into an agency)
- Valentine v. Commonwealth, 973 A.2d 1101 (Pa.Cmwlth.2009) (financial support alone not enough to render entity governmental)