Systate Employees' Retirement System v. Office of Open Records
10 A.3d 358
Pa. Commw. Ct.2010Background
- Requestors filed a RTKL request to SERS for last three years of service, class of service, and total compensation for listed employees, with notice if costs exceed $50.
- SERS advised on November 20, 2009 that fulfilling the request would cost $77 and encouraged reconsideration or a formal appeal.
- SERS later stated it would fulfill without pre-payment but would bill, citing its policy to charge fees for costs incurred under RTKL.
- OOR concluded that charging time spent by agency employees to respond is not a proper RTKL cost, and that printouts must be provided at $0.25 per page.
- SERS argued labor costs were necessarily incurred to comply with the RTKL and that the exclusive-benefit rule and policy authorized such charges.
- The court independently reviews the OOR decision and affirmed the OOR, holding that the RTKL does not authorize labor-costs and that duplication fees may be set by OOR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May SERS charge labor costs under RTKL §1307(g)? | SERS: labor costs are necessarily incurred to comply with RTKL. | OOR: RTKL does not authorize creation or payment for labor costs beyond statutory fees. | No; labor costs not authorized by RTKL §1307(g). |
| Can SERS create a record or compile data for a RTKL request and charge for it? | SERS: must compile data and may bill for creation and compilation. | OOR: cannot be required to create records not currently existing or compiled in a specific manner for a fee. | No; RTKL does not permit creation solely for the request and charging a labor fee for such creation. |
| Does the exclusive-benefit rule permit labor-cost charges for RTKL requests? | SERS: exclusive-benefit rule justifies labor costs to comply with RTKL. | IRC/Retirement Code do not authorize bypassing RTKL fee limits. | No; exclusive-benefit rule does not authorize labor-cost fees under RTKL. |
| Are duplication fees properly determined by OOR under RTKL §1307(b)? | SERS: can charge duplication-related costs as set by policy. | OOR may establish duplication fees for agencies; SERS must follow RTKL limits. | OOR may establish duplication fees; SERS cannot charge beyond RTKL limits. |
Key Cases Cited
- Pennsylvania State University v. State Employees' Retirement Board, 594 Pa. 244, 935 A.2d 530 (2007) (RTKL compliance not exempted by exclusive-benefit duties)
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (independent rather than de novo review of OOR orders)
- Moore v. Office of Open Records, 992 A.2d 907 (Pa.Cmwlth.2010) (agency not required to create records not currently existing)
- Prison Legal News v. Office of Open Records, 992 A.2d 942 (Pa.Cmwlth.2010) (standard of review for OOR orders in RTKL matters)