Pennsylvania State Education Ass'n v. Commonwealth

50 A.3d 1263, 616 Pa. 491, 2012 WL 3570733, 2012 Pa. LEXIS 1894, 194 L.R.R.M. (BNA) 2327
CourtSupreme Court of Pennsylvania
DecidedAugust 21, 2012
StatusPublished
Cited by32 cases

This text of 50 A.3d 1263 (Pennsylvania State Education Ass'n v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pennsylvania State Education Ass'n v. Commonwealth, 50 A.3d 1263, 616 Pa. 491, 2012 WL 3570733, 2012 Pa. LEXIS 1894, 194 L.R.R.M. (BNA) 2327 (Pa. 2012).

Opinions

OPINION

Justice SAYLOR.

This direct appeal concerns the Commonwealth Court’s jurisdiction over a suit brought by public school employees for injunctive and declaratory relief against the Office of Open Records, seeking to protect the employees’ home addresses from disclosure under the Right to Know Law.

I. Background

Appellants are individual school employees from multiple school districts and the Pennsylvania State Education Association (“PSEA”), an organization whose membership consists of teachers and education support professionals (collectively, “Appellants”). Due to concerns surrounding the potential disclosure of school employees’ names and home addresses under the recently enacted Right-to-Know Law (“RTKL”), see 65 P.S. §§ 67.101-67.3104,1 the PSEA sought guidance from the Office of Open Records (the “OOR”) in the form of an advisory opinion. The OOR, however, dismissed the request as moot, as it had already issued final determinations directing the release of public records containing school employees’ home addresses. See Green v. Bethlehem Area Sch. Dist., No. AP 2009-0061, 2009 WL 6504420, at *5 (OOR Mar. 20, 2009) (“The OOR concludes that the School District could not establish a constitutional right to privacy in home addresses of private employees which is required to overcome their clear statutory exclusion.”).2

Subsequently, numerous RTKL requests were filed with school districts across Pennsylvania, seeking disclosure of the names and home addresses of school employees. Of particular concern to Appellants were several requests filed by an individual utilizing a post office box because it was unclear to whom and for what purpose the information would be disseminated. Upon discovering that many school districts had not challenged, or would not challenge, the release of such information, Appellants filed a petition for review [1266]*1266against the OOR in the Commonwealth Court, seeking preliminary and permanent injunctions prohibiting the disclosure of school employees’ names and home addresses and a declaration that such information is exempt from disclosure under the RTKL. The Commonwealth Court granted two petitions to intervene by parties supporting the OOR, filed by: (1) Simon Campbell, President of StopTeacher-Strikes, Inc., an advocacy group with the purpose of eliminating teacher strikes that often requests contact information for nonunion school teachers, see Petition to Intervene of Simon Campbell, at 1-2; and (2) the Pennsylvania Association of School Retirees (“PASR”), an association of former school employees, which routinely requests the names and addresses of retired employees, see Brief of Intervenors Pennsylvania Association of School Retirees, Kirk-wood, Nye, Vak and Rowland, at 5.

By single judge order, the Commonwealth Court granted Appellants’ request for a preliminary injunction, staying the release of any home addresses and requiring the OOR to notify school districts of the existence of this litigation. See July 28, 2009 Order (Attached to Brief of Appellants as Exhibit 1). In a subsequent opinion, Judge Friedman explained that Appellants had established all of the prerequisite elements necessary for issuance of a preliminary injunction, see Summit Towne Ctr., Inc. v. Shoe Show of Rocky Mount, Inc., 578 Pa. 687, 646-47, 828 A.2d 995, 1001 (2003), and, with respect to Appellants’ demonstration of a clear right to relief, specifically noted that both this Court and the Commonwealth Court have recognized that individuals possess a constitutionally protected privacy interest in their home addresses that outweighs the benefits of public disclosure. See PSEA ex rel. Wilson v. OOR, 981 A.2d 383, 385-86 (Pa.Cmwlth.2009) (citing, inter alia, Sapp Roofing Co., Inc. v. Sheet Metal Workers’ Int’l Ass’n, Local Union No. 12, 552 Pa. 105, 111, 713 A.2d 627, 630 (1998) (“The disclosure of personal information (names, addresses, social security numbers, and phone numbers) reveals little, if anything, about the government’s (in this case the school district’s) compliance with” a particular statute.); Cypress Media, Inc. v. Hazleton Area Sch. Dist., 708 A.2d 866, 870 (Pa.Cmwlth.1998) (“[T]his Court has held that a person’s home address, home telephone number and social security number are not subject to disclosure under the [previous Right-to-Know] Act because the benefits of disclosing such information are outweighed by a person’s privacy interests in that information.”) (citations omitted)).

This Court affirmed the issuance of the preliminary injunction, “without prejudice to any party’s right to appeal the Commonwealth Court’s final disposition of these proceedings.” PSEA ex rel. Wilson v. OOR, 606 Pa. 638, 2 A.3d 558 (2010) (per curiam). Subsequently, the OOR filed preliminary objections, arguing, inter alia, that the Commonwealth Court lacked subject matter jurisdiction and that the statutory remedy provided by the RTKL was exclusive, preventing Appellants from bringing a declaratory judgment action.

In a divided opinion, the Commonwealth Court sustained the OOR’s preliminary objections, finding that the court lacked jurisdiction because Appellants had not named an indispensable Commonwealth party as a defendant. See PSEA v. OOR, 4 A.3d 1156, 1165-66 (Pa.Cmwlth.2010) (en banc) (“PSEA ”). The majority explained that, with certain exceptions not relevant to the present matter, it has original jurisdiction over “all civil actions or proceedings ... [ajgainst the Commonwealth gov[1267]*1267ernment, including any officer thereof, acting in his official capacity.” 42 Pa.C.S. § 761(a)(1). However, the majority continued, simply naming a Commonwealth agency does not suffice for purposes of jurisdiction; rather, the Commonwealth agency named “must have a cognizable interest in the outcome of the action.” PSEA, 4 A.3d at 1164 (citing PSEA v. Dep’t of Educ., 101 Pa.Cmwlth. 497, 516 A.2d 1308, 1310 (1986)); see also 42 Pa. C.S. § 7540(a) (“When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding”). The majority clarified that the Commonwealth agency must, in fact, be an indispensable party such that the proceeding “cannot conceivably be concluded with meaningful relief without the sovereign state itself becoming directly involved.” PSEA, 4 A.3d at 1164 (quoting Foreman v. Chester-Upland Sch. Dist., 941 A.2d 108, 113 (Pa.Cmwlth.2008)); see also CRY, Inc. v. Mill Sera., Inc., 536 Pa. 462, 469, 640 A.2d 372, 375 (1994) (stating that “the basic inquiry in determining whether a party is indispensable concerns whether justice can be done in the absence of a third party”).

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Bluebook (online)
50 A.3d 1263, 616 Pa. 491, 2012 WL 3570733, 2012 Pa. LEXIS 1894, 194 L.R.R.M. (BNA) 2327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-state-education-assn-v-commonwealth-pa-2012.