Reese v. Pennsylvanians for Union Reform

173 A.3d 1143
CourtSupreme Court of Pennsylvania
DecidedNovember 22, 2017
DocketNo. 42 MAP 2016; No. 43 MAP 2016; No. 111 MAP 2016
StatusPublished

This text of 173 A.3d 1143 (Reese v. Pennsylvanians for Union Reform) 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
Reese v. Pennsylvanians for Union Reform, 173 A.3d 1143 (Pa. 2017).

Opinions

OPINION

JUSTICE DONOHUE

In this appeal, we are asked to determine whether access to public information available pursuant to section 614 of the Administrative Code of ■ 1929, 71 P.S. § 234, is governed by the Right-to-Know Law (“RTKL”), 65 P.S. §§ 67.101-67.3104. We conclude that the RTKL governs the method of access to section 614 information, but that the exceptions to disclosure under the RTKL, 65 P.S. § 37.708, do not apply to permit redactions from otherwise available information. Before disclosing any section 614 information, however, the State Treasurer must perform the balancing test set forth in Pa. State Educ. Ass’n v. Commonwealth, Dep’t of Cmty. & Econ. Dev., 637 Pa. 337, 148 A.3d 142 (2016) (“PSEA ”), to ensure that disclosures of personal information do not violate any individual’s rights of informational privacy under Article 1, Section 1 of the Pennsylvania Constitution.

In 1957, the General Assembly -codified the common law right to inspect public records by enacting the Right-to-Know Act (“RTKA”), 65 P.S. §§ 66.1-66.9 (repealed), to provide public access to public records. Wiley v. Woods, 393 Pa. 341, 141 A.2d 844, 848 (1958). Section 1(2) of the RTKA provided that “public records” consisted of (1) 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,, or (2) 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. N. Hills News Record v. Town of McCandless, 555 Pa. 51, 722 A.2d 1037, 1038 (1999) (citing 65 P.S.- § 66.1(2) (repealed)). Section 1(2) further provided, however, that the term “public record” did not include any document that qualified under one of the four exceptions to disclosure, including, inter alia, any document that “would operate to the prejudice or impairment of a person’s reputation or personal security.” 65 P.S. § 66.1(2). (repealed).

Section 2 of the RTKA provided that “every public record of an agency shall, at reasonable times, be open for examination and inspection by any citizen of the Commonwealth of Pennsylvania.” 65 P.S. § 66.2 (repealed). Section 3 further provided citizens with the right to take extracts or make copies, photographs or photostats of public records.1 65 P.S. §§ 66.3 (repealed). The responding agency was under no time limit to provide access, and the citizen’s only recourse upon a denial was to take an appeal in court. 65 P.S. § 66.4 (repealed).

The Administrative Code of 1929 applies to executive and administrative work performed by the Executive Department, the Executive Board, the Pennsylvania State Police and administrative departments, boards and commissions.2 Its section 603, originally enacted in 1929 and amended in 1931, required all administrative departments, boards and commissions to transmit to the Auditor General, Budget Secretary and State Treasurer a list .of the names of all employees as well as their position, date of birth, voting residence, salary, appointment date, whether he/she was continuously employed, periods of .service and positions held.3 Act of April 9, 1929, P.L. 177, as amended, 71 P.S. § 223, repealed by the Act of September 27,1978, P.L. 775, No. 149, § 2. Section .603 indicated that all of the data provided was public information, but did not state the manner by which it was accessible by the public.

In 1976, the Governor’s Office promulgated an administrative regulation to provide access to information produced pursuant to section 603, and required that said information be made accessible, pursuant to section 3 of the RTKA,4 at the State Library in Harrisburg during regular business hours, without written request. 6 Pennsylvania Bulletin 3148 (December 6, 1976). Administrative Regulation 7.201 provides:

Under section 3 of the act of June 21, 1957 (P. L. 390, No. 212) (66 P. -S. §■ 66.3) [the RTKA], a list of salaried employes under the jurisdiction of the Governor, having been declared public information by-, section 603 of The Administrative Code of .1929 (71 P.S. § 223),- will be made accessible to citizens of the Commonwealth as follows:
(1) The list shall be available, without written request, during regular business hours' at the Government Publications - Section, State Library, Room 116 Education.. Building, - Commonwealth Avenue and South Drive, Harrisburg, Pennsylvania 17120.
(2) A citizen of the Commonwealth may inspect, .extract, photograph or copy all or any part of -the list. Rules of the State- Library as- to access, copying1 and charges for copying will apply. 1 -

4 Pa. Code § 7.201 (“Regulation 7.201”).

In 1978, the General Assembly'simultaneously repealed section 603 of the Administrative Code and enacted séction 614 to replace it. 71 P.S. § 234. Section 614 directs that all administrativé departments, boards, and commissions provide to the Auditor General, the State Treasurer and the Secretary of the Budget (“State Officers”) a list (“the List”) of the names of all of their employees as well as position, date of birth, voting residence, salary, date of entry into employment (and whether such service has been continuous), and periods of services and all positions held as a Commonwealth employee. 71 P.S. § 234(a). Section 614 further requires that a “computer tape” of the List shall be sent to the Legislative Data Processing Center. 71 P.S. § 234(a.l). As originally enacted, section 614 directed that all of the information on the List “shall be public information,” but a 2002 amendment modified this provision 5 to indicate that information identifying the voting residence “shall not be public information and may not be treated as such.” 71 P.S. § 234(c). The full text of section 614 now states:

(a) All administrative departments, boards, and commissions and the Attorney General shall on July 15 of each year, transmit to the Auditor General, the State Treasurer and Secretary of the Budget a complete list, and to the Legislative Data Processing Center a computer tape of such list, as of July 1 preceding, of the names of all persons, except day-laborers, entitled to receive compensation from the Commonwealth for services rendered in or to the department, board, or commission, as the case may be. Such list shall show for each such person the position occupied, the date of birth, county of residence, voting residence, the salary at which or other basis upon which such person is entitled to be.paid, the date of entry into the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date, and all periods of service and positions held as an employe of the Commonwealth, or such part of such information related to previous service and positions as the Governor may prescribe.

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Bluebook (online)
173 A.3d 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reese-v-pennsylvanians-for-union-reform-pa-2017.