Kanzelmeyer v. Eger

329 A.2d 307, 16 Pa. Commw. 495, 1974 Pa. Commw. LEXIS 653
CourtCommonwealth Court of Pennsylvania
DecidedNovember 27, 1974
DocketAppeal, No. 479 C.D. 1974
StatusPublished
Cited by26 cases

This text of 329 A.2d 307 (Kanzelmeyer v. Eger) 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
Kanzelmeyer v. Eger, 329 A.2d 307, 16 Pa. Commw. 495, 1974 Pa. Commw. LEXIS 653 (Pa. Ct. App. 1974).

Opinion

Opinion by

Judge Rogers,

The appellant, Evelyn Y. Kanzelmeyer, a resident taxpayer of the Hopewell Area School District, sought to examine school district records to determine whether in April and May of 1972 certain professional employees had received pay for unexcused and unauthorized absences from work. She sought access to payroll registers, payroll vouchers and attendance records. Refused such access by the school district, she appealed to the Court of Common Pleas of Beaver County pursuant to Section 4 of the Act of June 21, 1957, P. L. 390, as amended, 65 P.S. §66.4, popularly known as the “Right to Know Law.” At the hearing of the appeal in the lower court, the school district furnished the payroll registers. The court below held that the appellant was not entitled to examine the payroll vouchers or attendance records. At argumeent before us, the appellant conceded that she should not be given access to the payroll vouchers because these documents contain information to which such access is prohibited, restrained or forbidden by law. There remains, therefore, for our consideration only the question whether the court below properly ordered that the appellant should not be permitted to examine the attendance records.

Section 1(2) of the Act of 1957, as amended, 65 P.S. §66.1(2) (Supp. 1974-1975), defines a public record as: “Any account, voucher or contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons: Provided, [498]*498That the term ‘public records’ shall not mean any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties, except those reports filed by agencies pertaining to safety and health in industrial plants; it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the publication of which is prohibited, restricted or forbidden by statute law or order or decree of court, or which would operate to the prejudice or impairment of a person’s reputation or personal secwrity, or which would result in the loss by the Commonwealth or any of its political subdivisions or commissions or state or municipal authorities of Federal funds, excepting therefrom however the record of any conviction for any criminal act.” (Emphasis supplied. )

The employee attendance records of the school district are maintained on cai*ds on which the principal of the school to which said employee is attached makes a daily record. At the end of each month the principal delivers the cards to the payroll department for use in ascertaining in the case of each employee whether his or her salary should be paid in full or “docked” for days absent without entitlement to compensation. The pertinent portions of the card are as follows:

[499]

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

Related

Office of the Lieutenant Governor v. Mohn
67 A.3d 123 (Commonwealth Court of Pennsylvania, 2013)
In Re Charleston Gazette FOIA Request
671 S.E.2d 776 (West Virginia Supreme Court, 2009)
Tribune-Review Publishing Co. v. Westmoreland County Housing Authority
795 A.2d 1094 (Commonwealth Court of Pennsylvania, 2002)
Tribune-Review Publishing Co. v. Department of Community & Economic Development
751 A.2d 689 (Commonwealth Court of Pennsylvania, 2000)
Clymer v. City of Cedar Rapids
601 N.W.2d 42 (Supreme Court of Iowa, 1999)
Alaska Wildlife Alliance v. Rue
948 P.2d 976 (Alaska Supreme Court, 1997)
Tribune-Review Publishing Co. v. Allegheny County Housing Authority
662 A.2d 677 (Commonwealth Court of Pennsylvania, 1995)
Sipe v. Snyder
640 A.2d 1374 (Commonwealth Court of Pennsylvania, 1994)
PG Publishing Co. v. County of Washington
638 A.2d 422 (Commonwealth Court of Pennsylvania, 1994)
TIMES PUB. CO., INC. v. Michel
633 A.2d 1233 (Commonwealth Court of Pennsylvania, 1993)
Times Publishing Co. v. Michel
14 Pa. D. & C.4th 655 (Erie County Court Common Pleas, 1992)
Goodstein v. Goodstein
11 Pa. D. & C.4th 294 (Delaware County Court of Common Pleas, 1991)
Vartan v. Department of General Services
550 A.2d 1375 (Commonwealth Court of Pennsylvania, 1988)
Marvel v. DALRYMPLE
393 A.2d 494 (Commonwealth Court of Pennsylvania, 1978)
Mergenthaler v. Commonwealth
372 A.2d 944 (Commonwealth Court of Pennsylvania, 1977)
Marvel v. Dalrymple
8 Pa. D. & C.3d 423 (Delaware County Court of Common Pleas, 1976)
West Shore School District v. Homick
353 A.2d 93 (Commonwealth Court of Pennsylvania, 1976)
Ago
Florida Attorney General Reports, 1975
Moak v. Philadelphia Newspapers, Inc.
336 A.2d 920 (Commonwealth Court of Pennsylvania, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
329 A.2d 307, 16 Pa. Commw. 495, 1974 Pa. Commw. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kanzelmeyer-v-eger-pacommwct-1974.