Rhoads & Sinon attorneys Robert J. Tribeck, Timothy J. Nieman and Jillian Petrosky successfully briefed and argued an issue of first impression concerning appellate review of decisions under the recently enacted Pennsylvania Right to Know Law (the “RTKL”), 65 P.S. §§67.101 – 67.3104.

Rhoads & Sinon represents the East Stroudsburg University Foundation (the “Foundation”), a private, non-profit corporation that was ordered by the Pennsylvania Office of Open Records (the “OOR”) to produce certain private Foundation records pursuant to a request made by a local newspaper. The OOR determined that even though the Foundation was not a governmental agency subject to the RTKL, it was still required to produce the documents as a contractor who performed a governmental function on behalf of a governmental agency.

The Foundation appealed the OOR’s decision to the Commonwealth Court. The requesting newspaper filed a Motion to Quash the Appeal arguing that the RTKL limits appellate review of OOR decisions to governmental agencies and the party requesting the documents.

In his decision in East Stroudsburg University Foundation v. Office of Open Records, Commonwealth Court Judge Dan Pellegrini denied the Motion to Quash. Judge Pellegrini found that even though the RTKL provides that only governmental agencies and the party requesting the documents may file appeals with the Commonwealth Court, prohibiting a third party with a direct interest – such as the Foundation – that has been ordered to produce documents pursuant to the RTKL would violate the third party’s constitutional rights. The Court concluded that since the Foundation was aggrieved by the OOR’s decision, it was permitted to file an appeal from that decision.