Brown v. Community College of Philadelphia

654 A.2d 32, 1994 Pa. Commw. LEXIS 718
CourtCommonwealth Court of Pennsylvania
DecidedDecember 29, 1994
StatusPublished
Cited by2 cases

This text of 654 A.2d 32 (Brown v. Community College of Philadelphia) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Community College of Philadelphia, 654 A.2d 32, 1994 Pa. Commw. LEXIS 718 (Pa. Ct. App. 1994).

Opinions

FRIEDMAN, Judge.

Janell D. Brown, Angelita Hogan, and William E. Cunnane, III, (collectively, the Editors) are former editors of the Student Vanguard, the Community College of Philadelphia’s (CCP) campus newspaper. CCP administrators denied the Editors’ request to examine campus security records. The Editors appealed that denial to the Common Pleas Court of Philadelphia County (trial court), asserting that CCP was required to release such information pursuant to the Act of June 21, 1957, P.L. 390, as amended, 65 P.S. §§ 66.1-66.4, commonly referred to as the Right-to-Know Act. The trial court held that because community colleges are not a Commonwealth agency, the Right-to-Know Act does not apply and thereby quashed the statutory appeal.

We are now asked to determine if community colleges are governed by the mandates of the Right-to-Know Act.1

Section 2 of the Right-to-Know Act, 65 P.S. § 66.2, provides that “[e]very public record of an agency shall, at reasonable times, be open for examination and inspection by any citizen of the Commonwealth of Pennsylvania.” An agency is defined as:

Any department, board or commission of the executive branch of the Commonwealth, any political subdivision of the Commonwealth, the Pennsylvania Turnpike Commission, or any State or municipal authority or similar organization created by or pursuant to a statute which declares in substance that such organization performs or has for its purpose the performance of an essential governmental junction.

Section 1 of the Right-to-Know Act, 65 P.S. § 66.1 (emphasis added). Therefore, for a community college to be subjected to the mandates of the Right-to-Know Act, a community college must be a “similar organization” statutorily created to perform an essential governmental function.

To determine whether a community college meets this standard, we must review the statute pursuant to which the college was created. See Section 1 of the Right-to-Know Act, 65 P.S. § 66.1. In 1963, the General Assembly enacted the Community College Act (CC Act),2 providing for the creation of accessible, affordable, local community colleges. See Derry Township School Dist. v. State Bd. of Educ., 65 Pa.Commonwealth Ct. 188, 442 A.2d 82 (1982). The CC Act defines a community college as “a public college or technical institute which is established and operated in accordance with the provisions of this act by a local sponsor which provides a two year, postsecondary, college-parallel, terminal-general, terminal-technical, out-of-school youth or adult education program or any combination of these.” 24 P.S. § 19-1901-A(4) (emphasis added). Moreover, a local sponsor includes a “school district or a municipality or a county board of school directors or any combination of school districts, [34]*34municipalities or county boards of school directors which participate or propose to participate in the establishment and operation of a community college.” 24 P.S. § 19-1901-A(2).

In Kegel v. Community College of Beaver County, 55 Pa.D. & C.2d 220 (1972), the Common Pleas Court of Beaver County decided the exact issue we have before us, holding that a community college created pursuant to the CC Act is an agency subject to the requirements of the Right-to-Know Act because the CC Act, read in its entirety, constitutes a declaration by the legislature that the colleges organized thereunder are to perform an essential governmental function.3 Id.

Because we are persuaded that the court of common pleas in Kegel was correct in its analysis then, and because we do not believe a different analysis is required now, we adopt the holding in Kegel: Community colleges are still established and operated by a local sponsor. 24 P.S. § 19-1903-A. The local sponsors are political subdivisions of the Commonwealth. 24 P.S. § 19-1901-A(2). The trustees of the colleges are appointed by the elected officials of the member political subdivisions. 24 P.S. §§ 19-1903-A(c) and 19-1904-A. No college may be established unless the State Board of Education approves the proposed plan. 24 P.S. § 19-1902-A. Colleges established pursuant to the CC Act are subject to the policies, rules and regulations formulated by the Council of Higher Education and adopted by the State Board of Education. 24 P.S. § 19-1902-A. The colleges are financed, in large part, by appropriations from the members of the local sponsor and from the legislature. 24 P.S. § 19-1903-A; see Derry. All college employees are eligible for inclusion in the Public School Employees’ Retirement System of Pennsylvania or the Pennsylvania State Employees’ Retirement System. 24 P.S. § 19-1913-A(f). A community college is eligible to participate in the State Public School Building Authority Act and the Municipality Authorities Act of 1945. 24 P.S. § 19-1913-A(g). Finally, a community college cannot be established unless the State Board of Education determines that the local sponsor is not already “adequately served by established institutions of higher learning.” 24 P.S. § 19-1902-A(d).

Additionally, in Bucks County Community College v. Bucks County BdL of Assessment Appeals, 147 Pa.Commonwealth Ct. 505, 608 A.2d 622 (1992) (en banc), we addressed whether a community college was a local agency for purposes of tax exemption. To determine that issue, we analyzed the language of the community college’s enabling legislation, recognizing that the CC Act defines community colleges as public colleges and that a community college’s local sponsors are political subdivisions. We also noted that under the CC Act, community colleges are expressly granted the right to participate in various statutory schemes normally reserved [35]*35for local governmental agencies. Id. We held:

Our review of the CC Act, both here and in [Community College of Allegheny County v. Seibert, 144 Pa.Commonwealth Ct. 616, 601 A.2d 1348 (1992), aff'd without opinion, 533 Pa. 314, 622 A.2d 285 (1993)], leads us to conclude that a community college is not an instrumentality of the Commonwealth, but rather is “the creature and representative of the sponsor which created it.” As such, it is more properly classified as a local agency....

Id. at 511, 608 A.2d at 625 (citation omitted).

In Seibert, we conducted a similar review and analysis, holding that community colleges are political subdivisions for the purpose of governmental immunity. The court emphasized that “community colleges under the CC Act are expressly granted the right to participate in various other statutory schemes which are normally reserved for political subdivisions.” Id. at 623, 601 A.2d at 1351. We then quoted with approval Szmodis v. Northampton County Area Community College, 49 Pa.D. & C.3d 286, 290 (1988), which stated:

Simple logic would appear to require a finding that a community college, as a tax supported institution created by local government units under a grant of authority by the state legislature, is a local governmental agency.

Id. at 624, 601 A.2d at 1352; see also Russo v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Slater v. Marshall
906 F. Supp. 256 (E.D. Pennsylvania, 1995)
Peerless Publications, Inc. v. County of Montgomery
656 A.2d 547 (Commonwealth Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
654 A.2d 32, 1994 Pa. Commw. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-community-college-of-philadelphia-pacommwct-1994.