Arneson (Open Records) v. Gov. Wolf

Opinion

[J-45-2015] [MO: Baer, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

ERIK ARNESON, INDIVIDUALLY AND IN : No. 51 MAP 2015 HIS OFFICIAL CAPACITY AS : EXECUTIVE DIRECTOR OF THE : Appeal from the Order of the OFFICE OF OPEN RECORDS, AND : Commonwealth Court at No. 35 MD SENATE MAJORITY CAUCUS : 2015 dated June 10, 2015 : : ARGUED: September 9, 2015 v. : : : THOMAS W. WOLF, IN HIS OFFICIAL : CAPACITY AS GOVERNOR OF THE : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF COMMUNITY AND : ECONOMIC DEVELOPMENT, AND : OFFICE OF OPEN RECORDS : : : APPEAL OF: THOMAS W. WOLF, IN HIS : OFFICIAL CAPACITY AS GOVERNOR : OF THE COMMONWEALTH OF : PENNSYLVANIA AND DEPARTMENT OF : COMMUNITY AND ECONOMIC : DEVELOPMENT :

DISSENTING OPINION

MADAME JUSTICE TODD DECIDED: October 27, 2015 For the reasons ably expressed by President Judge Pellegrini in his dissent

below, see Arneson v. Wolf, 117 A.3d 374 (Pa. Cmwlth. 2015) (Pellegrini, P.J.,

dissenting), I conclude Governor Wolf acted within his constitutional authority in

removing the Executive Director of the Office of Open Records, and so I would reverse

the order of the Commonwealth Court. Accordingly, I dissent.