Current Status, Inc. v. Hykel

778 A.2d 781, 2001 Pa. Commw. LEXIS 357
CourtCommonwealth Court of Pennsylvania
DecidedJune 11, 2001
StatusPublished
Cited by11 cases

This text of 778 A.2d 781 (Current Status, Inc. v. Hykel) 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
Current Status, Inc. v. Hykel, 778 A.2d 781, 2001 Pa. Commw. LEXIS 357 (Pa. Ct. App. 2001).

Opinions

MIRARCHI, Senior Judge.

Current Status, Inc., a New Jersey corporation registered to do business in Pennsylvania, appeals from the order of the Court of Common Pleas of Montgomery County (trial court) that dismissed its appeal filed under the act commonly referred to as the “Right-to-Know Act” (Act).1 Current Status alleged that Rose Hykel, the Tax Collector of Upper Merion Township (Tax Collector), refused to allow the examination of certain tax records under the terms and conditions desired by Current Status. We affirm.

The trial court did not make any findings of fact. Instead, it determined that the Tax Collector, as a matter of law, is not a body subject to the provisions of the Act. The essential “facts” are generally agreed upon, however. Current Status is a for-profit business that sells information to title companies, including payment history information on real estate tax assessments. The Tax Collector is the elected tax collector for Upper Merion Township. Her duties are to collect and process payments on approximately 20,000 tax bills, and then make the appropriate disbursement. Records of the payments are maintained by the Tax Collector on a personal computer purchased and owned by the Tax Collector. Over the past year, employees from Current Status have approached the Tax Collector requesting tax payment information on parcels of real estate within the Township. According to Current Status, these visits occurred “from time to time”; according to the Tax Collector, these visits occurred “several times each week.”

The Tax Collector alleges that each time, Current Status has “demanded immediate computer print-outs” showing the “current status” of payments on specific tax parcels, sometimes as many as seven to eight parcel requests per visit. Current Status alleges that they simply desired to “examine and inspect” individual tax records maintained by the Tax Collector. The parties do not dispute that the Tax Collector had been providing computer printouts of current payment information to Current Status upon request, generally for a fee of $2 and a wait of two days. Allegedly because of the increase in Current Status’ requests, which allegedly placed a “tremendous strain” on the Tax Collector’s ability to perform her duties, the Upper Merion Township Board of Supervisors enacted an ordinance requiring a fee of $5 and a wait of five days for the type of information requested by Current Status. Current Status thereupon filed the present action under the Act seeking a determination that it may have immediate and unfettered access to the requested tax information by either viewing the Tax Collector’s computer or receiving a printout, during regular business hours, and for a fee not exceeding $2 for the printout.

[783]*783The matter was heard before the trial court, where an employee of Current Status and the Tax Collector each testified. Following the hearing, the trial court dismissed the appeal, determining that the Tax Collector is not an “agency” as defined by the Act, and therefore, Current Status had no cause of action under the Act. This appeal followed.

This Court’s scope of review of an order denying access to information under the Act is whether such denial was just and proper. Scranton Times, L.P. v. Scranton Single Tax Office, 736 A.2d 711 (Pa.Cmwlth.1999), aff'd, 564 Pa. 30, 764 A.2d 17 (2000). The issues before us may be summarized as follows: (1) whether the Tax Collector is an “agency” as defined by the Act; (2) if so, whether the records she maintains are “public records”; and (3) if Hykel is an agency and her records are public records, then whether the $5 charge and five day wait for the computer printout a reasonable accommodation under the Act.

Section 2 of the Act, 65 P.S. § 66.2, provides that “[ejvery public record of an agency shall, at reasonable times, be open for examination and inspection by any citizen of ... Pennsylvania.” (Emphasis added.) Section 3 of the Act, 66 P.S. § 66.3, also provides for the right to make copies, provided that ,“[t]he lawful custodian of such records shall have the right to adopt and enforce reasonable rules governing the making of such extracts, copies, photographs or photostats.” “Agency” is defined in Section 1(1) of the Act, 65 P.S. § 66.1(1), 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 government function.

The trial court determined that the Tax Collector is not an “agency” as defined by the Act because the office of Tax Collector is not listed in or suggested by the Act’s definition of agency. The court noted that the Tax Collector is not connected with the executive branch of the Commonwealth, is not a political subdivision of the Commonwealth or the Turnpike Commission, and is not a state or municipal authority. In coming to the conclusion that the Tax Collector is not a municipal authority, the court focused upon the statutory definitions of “Municipal Authority.” Section 1991 of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1991, provides that a “Municipal authority” is defined as “[a] body corporate and politic created pursuant to the ... Municipality Authorities Act of 1945.” Section 2 of the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended, 53 P.S. § 302, provides that “[t]he term ‘Municipal Authority’ shall mean the body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality.” The trial court noted that the elected Tax Collector is not a corporate or political body having the authority to enact ordinances or adopt resolutions for a municipality; thus, she did not fall under the definition of “Municipal Authority or similar organization.”

We agree with the analysis of the trial court. The position of Tax Collector is established and defined by the Local Tax Collection Law (LTCL), Act of May 25, 1945, P.L. 1050, as amended, 72 P.S. §§ 5511.1-5511.42. The LTCL essentially limits the duties of a Tax Collector to the issuance of tax bills, the receipt of taxes, and the paying over of taxes to the munici[784]*784pality.2 The LTCL reserves the power to assess taxes, the power to set discounts and assess penalties, and the power to grant exoneration for uncollected taxes with the taxing authority. The Tax Collector is required, at least monthly, to certify to the taxing authority a statement of the accounts issued and taxes received for the preceding monthly or lesser period. Section 25 of the LTCL, 72 P.S. § 5511.25. Thus, not only does the Tax Collector lack any power to enact ordinances or adopt resolutions for the municipality, the records that the Tax Collector maintains are also to be found with the taxing authority. We note that a taxing authority, in contrast to a Tax Collector, is subject to the disclosure provisions of the Act. See Dooley v. Luzerne County Board of Assessment Appeals, 168 Pa.Cmwlth. 242, 649 A.2d 728 (1994).

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

Related

P.J. Kabel v. Manheim Twp. SD
Commonwealth Court of Pennsylvania, 2020
Port Authority of Allegheny County v. W. Towne
Commonwealth Court of Pennsylvania, 2017
Delaware County v. Schaefer
24 Pa. D. & C.5th 83 (Delaware County Court of Common Pleas, 2011)
Honaman v. Township of Lower Merion
13 A.3d 1014 (Commonwealth Court of Pennsylvania, 2011)
Lukes v. Department of Public Welfare
976 A.2d 609 (Commonwealth Court of Pennsylvania, 2009)
Buehl v. Pennsylvania Department of Corrections
955 A.2d 488 (Commonwealth Court of Pennsylvania, 2008)
Digital-Ink, Inc. v. Department of General Services
923 A.2d 1262 (Commonwealth Court of Pennsylvania, 2007)
Pennsylvania State University v. State Employees' Retirement Board
880 A.2d 757 (Commonwealth Court of Pennsylvania, 2005)
Current Status, Inc. v. Hykel
778 A.2d 781 (Commonwealth Court of Pennsylvania, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
778 A.2d 781, 2001 Pa. Commw. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/current-status-inc-v-hykel-pacommwct-2001.