Campbell v. Pa. Interscholastic Athletic Ass'n
| Decision Date | 30 November 2021 |
| Docket Number | No. 170 C.D. 2021,25 C.D. 2021, No. 107 C.D. 2021 |
| Citation | 268 A.3d 502 |
| Parties | Simon CAMPBELL, Petitioner v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION (OFFICE OF OPEN RECORDS), Respondent Pennsylvania Interscholastic Athletic Association, Inc., Petitioner v. Simon Campbell (Office of Open Records), Respondent |
| Court | Pennsylvania Commonwealth Court |
Craig J. Staudenmaier, Harrisburg, for Designated Petitioner Simon Campbell.
Alan R. Boynton, Jr., Harrisburg and J. Chadwick Schnee, Annville, for Designated Respondent Pennsylvania Interscholastic Athletic Association, Inc.
BEFORE: HONORABLE P. KEVIN BROBSON, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE ELLEN CEISLER, Judge
OPINION BY JUDGE COHN JUBELIRER
Before the Court are consolidated petitions for review from Simon Campbell (Requester) and the Pennsylvania Interscholastic Athletic Association (PIAA). Requester petitions this Court for review of the Office of Open Records’ (OOR) January 13, 2021 Final Determination denying production of the records requested in Item 7 of his November 2, 2020 request (Request) and asks that this Court make a finding of bad faith as to PIAA's conduct in this matter, impose a civil penalty of $1,500.00 upon PIAA, and award him costs and attorney fees. PIAA petitions this Court for review of the OOR's Final Determination and the OOR's February 5, 2021 denial of its Petition for Reconsideration.
There are six issues before this Court: (1) whether the OOR erred by finding that PIAA is subject to the Right-to-Know Law (RTKL)1 and whether its classification as a "state-affiliated entity" under the RTKL constitutes special legislation and violates its equal protection rights; (2) whether the OOR violated PIAA's due process rights by commingling functions; (3) whether the OOR erred by permitting the RTKL's record access provisions to supersede those of the Nonprofit Corporation Law of 1988 (Nonprofit Law);2 (4) whether the OOR erred by granting unredacted access to PIAA's legal invoices and by not providing PIAA additional time to provide a significant volume of documents requiring redaction; (5) whether PIAA failed to conduct a good faith search and, therefore, acted with the requisite bad faith to support an award of statutory penalties and attorney fees; and (6) whether PIAA failed to prove that it did not have possession, custody, or control of any records responsive to Request Item 7.3
On November 2, 2020, Requester filed the Request seeking:
(Reproduced Record (R.R.) at 7a-13a (emphasis in original) (footnotes omitted).)
On November 6, 2020, PIAA invoked a 30-day extension of time to respond to the Request. (Id. at 5a.) On December 7, 2020, PIAA partially denied the Request, asserting that records responsive to Items 1, 2, 3, 4, 7 and 8 do not exist. (Id. at 3a-4a.) PIAA responded that it requested records responsive to Item 5 from its auditors and had not yet received them, but they would be produced upon receipt. (Id. at 4a.) In response to Item 6 of the Request, PIAA directed Requester to the IRS's publicly available website. (Id. ) PIAA also noted a general objection to the Request, stating that PIAA is not a Commonwealth of Pennsylvania (Commonwealth) authority or entity subject to the RTKL and that it intended to litigate that issue. (Id. at 3a.)
On December 10, 2020, Requester appealed to the OOR, challenging PIAA's denial and stating grounds for disclosure of the requested records. (Id. at 1a-2a.) The OOR invited both parties to supplement the record. On December 21, 2020, PIAA filed a Motion to Stay Proceedings (Motion), asserting that the instant appeal should be stayed pending this Court's consideration of PIAA's Petition for Review in the Nature of a Complaint for Declaratory and Injunctive Relief, which it filed with this Court on December 18, 2020.4 (Id. at 26a-81a.) That same day, the OOR afforded Requester the opportunity to respond to PIAA's Motion. (Id. at 19a.) On December 22, 2020, Requester objected to the Motion, and the OOR denied the Motion and set forth deadlines for the parties to submit evidence relative to the appeal. (Id. at 82a-99a.)
On December 30, 2020, PIAA submitted a position statement reiterating its grounds for denial. (Id. at 106a-32a.) PIAA reasserted that it is not subject to the RTKL and added that the RTKL's application to PIAA constitutes unconstitutional special legislation. (Id. at 110a-22a.) PIAA further argued that the RTKL violates PIAA's equal protection rights under the United States5 and Pennsylvania6 Constitutions and that disclosure of certain banking information would violate its privacy rights. (Id. at 122a-32a.) In addition, PIAA submitted an affidavit, made under penalty of perjury, from PIAA's Executive Director and Open Records Officer Dr. Robert Lombardi (Dr. Lombardi). (Id. at 134a-41a.) Dr. Lombardi stated, in relevant part:
On December 31, 2020, Requester submitted a request to the OOR that the record remain open for an additional two or three business days. (Id. at 142a.) On the same day, PIAA submitted an assertion that, because the Requester did not timely respond to any of the issues identified in the denial letter, argument on assertedly newly raised issues would be untimely and should not be permitted. (Id. at 144a.) Also, on December 31, 2020, Requester submitted a reply to PIAA's submission, stating, in part, that PIAA acted in bad faith. (Id. at 155a.) The OOR notified the parties that the record would remain open through January 5, 2021. (Id. at 157a.)
On January 4, 2021, Requester made a submission to the OOR, indicating that he was asking the Pennsylvania Office of Attorney General (OAG) to ensure the OAG set forth the Commonwealth's direct interest in this appeal, which Requester enclosed in a letter to the OAG. (Id. at 158a-65a.) On January 5, 2021, PIAA submitted a supplemental position statement, asserting, in part, that any Requester submission relating to responses presented in PIAA's December 7, 2020 letter should be rejected as untimely. (Id. at 167a-72a.) On the same day, Requester submitted a supplemental position statement, declaring, in part, that "[a]ny and all redaction...
To continue reading
Request your trial
-
Developments In Association Law 2021 ' 2022
...private parties to paint on public streets. Open Records Law Campbell v. Pennsylvania Interscholastic Athletic Ass'n (Off. of Open Recs.), 268 A.3d 502 (Pa. Commw. Ct. 2021), appeal granted sub nom. Pennsylvania Interscholastic Athletic Ass'n, Inc. v. Campbell, No. 677 MAL 2021, 2022 WL 223......