Office of the Governor v. Raffle
65 A.3d 1105
| Pa. Commw. Ct. | 2013Background
- This RTKL appeal concerns disclosure of Governor Corbett’s home address and Office employees’ personal data under the RTKL.
- Requester sought the Governor’s Shaler Township home address and the full names, counties of residence, and government-issued telephone numbers for 56 Office employees.
- The Office denied the home address, employees’ counties of residence, and middle names, citing domicile issues and privacy/personal security exemptions.
- The OOR ordered disclosure of the requested records for 39 employees, finding public-record status and insufficient evidence of privacy/security harm.
- The trial court (Pa. Cmwlth.) affirmed disclosure of the address, counties of residence, and full names, but reversed regarding agency-issued cellular/personal numbers; the Governor’s Office appealed.
- The concurrence and dissent addressed privacy rights and the scope of the personal security exemption, with sanctions arguments denied at the end of the majority decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Publicity of Governor’s home address under RTKL | Raffle contends home address should be public | Office argues privacy/security exemptions preclude disclosure | Address disclosed; not protected by privacy rights or security exemptions |
| Disclosure of counties of residence and middle names | Full names and counties of residence should be disclosed | Such data are exempt under personal security/privacy exemptions | Disclosures required for the 39 employees |
| Disclosure of government-issued cellular/personal numbers | Numbers should be public | Numbers are exempt as personal identification information | Not subject to disclosure; exemptions apply |
| Sanctions for bad-faith request or disruptive conduct | Requester seeks sanctions for alleged bad faith | No showing of bad faith; warnings permissible | Sanctions request denied |
Key Cases Cited
- Office of the Lieutenant Governor v. Daniel Mohn, 67 A.3d 123 (Pa. Cmwlth. 2013) (no constitutional privacy right in home addresses; personal security exemption applies)
- City of Philadelphia v. Philadelphia Inquirer, 52 A.3d 456 (Pa. Cmwlth. 2012) (‘personal’ often applies to items used for official duties; discretion in exemptions)
- Schaefer (Schaeffer), 45 A.3d 1149 (Pa. Cmwlmt. 2012) (defines personal identification information and its scope under RTKL)
- Marin v. Secretary of the Commonwealth, 41 A.3d 913 (Pa. Cmwlth. 2012) (privacy expectations and public records considerations for personal data)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa. Cmwlth. 2010) (establishes standards for RTKL review and burden on agencies)