West Chester University of Pennsylvania v. Browne, 71 A.3d 1064

Browne requested all benefits plans Brendan Stanton, Inc. uses for its employees on the West Chester University project.
University denied records, stating it had none in its possession.
Open Records granted Browne’s appeal, ordering the University to obtain Contractor’s benefits documentation.
Contractor’s records on Prevailing Wage Act compliance included certified payrolls, wages, hours, and fringe benefits.
Open Records concluded Attachment 1’s fringe benefits references rendered Contractor’s benefits plan a public record.
Court reverses Open Records, holding the benefits plan isn’t a University record and not a public record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Contractor’s benefits plan is a record under Section 102.	Browne: plan documents are a university record.	University: plan not created/retained by the University; not in connection with its activities.	Not a record under Section 102.
If a record, whether the plan is a public record under Section 506(d)(1).	Browne seeks public records via agency possession theory.	University not in possession; alternative burden unclear; plan not a public record.	Not a public record under Section 506(d)(1) as plan not a record under Section 102.

Bowling v. Office of Open Records, 990 A.2d 813 (Pa. Cmwlth. 2010) (independent review and broad scope of open records review)
Allegheny County Dept. of Administrative Services v. A Second Chance, Inc., 13 A.3d 1025 (Pa. Cmwlth. 2011) (records of private contractor can document agency transactions)
Dynamic Student Services v. State System of Higher Education, 548 Pa. 347, 697 A.2d 239 (1997) (defines agency record and scope of release)
Department of Conservation and Natural Resources v. Office of Open Records, 1 A.3d 929 (Pa. Cmwlth. 2010) (agency records review and evidentiary standards)
Barkeyville Borough v. Stearns, 35 A.3d 91 (Pa. Cmwlth. 2012) (burden on requester when records not in agency possession)