City of Philadelphia v. Doe
| Decision Date | 24 August 1979 |
| Citation | 45 Pa.Cmwlth. 225,405 A.2d 1317 |
| Parties | CITY OF PHILADELPHIA v. John DOE. Appeal of The HOME OWNERS ASSOCIATION OF PHILADELPHIA (HAPCO) on Behalf of John Doe. |
| Court | Pennsylvania Commonwealth Court |
Argued April 4, 1979.
Robert Guzzardi, Barry A. Cohen Philadelphia, for appellant.
Sheldon L. Albert, City Sol., Beryl E. Hoffman, Stewart M. Weintraub Deputy City Sols., Philadelphia, for appellee.
Michael Churchill, Albert J. Slap, Philadelphia, amicus curiae.
Before BOWMAN, President Judge, and CRUMLISH, Jr., WILKINSON ROGERS, BLATT, CRAIG and MacPHAIL, JJ.
This appeal arises out of attempts by various groups and individuals to gain access to delinquent real estate tax records compiled by the Revenue Department of the City of Philadelphia.
The case had its genesis in the latter part of 1977 when certain individuals, joined by the Philadelphia Council of Neighborhood Organizations (PCNO), requested of the Revenue Department public access to the above records. The City, relying on Section 5-1104 of The Philadelphia Home Rule Charter (Charter), 351 Pa.Code § 5.5-1104, The Philadelphia Code (Code) § 19-505(2), and Section 307 of Philadelphia's General Tax Regulations, initially denied the requests.
The City proceeded, however, to file a petition for declaratory judgment with the Philadelphia Court of Common Pleas, invoking the same Charter section and accompanying regulations, now seeking a declaration that it be entitled to disclose the list of delinquent real estate taxpayers. Named as the only defendant in this action was one "John Doe".
The lower court thereupon issued a rule upon "defendant" to show cause why the petition should not be granted and directed weekly advertisement, whereupon the instant appellant, Homeowners Association of Philadelphia County (HAPCO), appeared to object to the relief sought by the City.
On March 9, 1978, the lower court issued an order declaring the official records of delinquent real estate taxpayers to be public records, and ordered that public access thereto be granted. This order was amended the next day so as to grant public access to these records prospectively, effective April 15, 1978.
HAPCO filed a notice of appeal to this Court and PCNO sought once again to have the delinquent tax information released only to be refused access by the Revenue Department Commissioner now upon the grounds that an appeal had been perfected. PCNO filed a motion for contempt and a Rule to Show Cause Why Attachment For Contempt Should Not Issue was allowed. Upon a subsequent motion from HAPCO for a supersedeas, the lower court granted the stay and denied the motion to hold the Commissioner in contempt. No appeal has been taken from this order. [1]
In its memorandum opinion in support of its order declaring that the official records of delinquent real estate taxpayers are public records the lower court found said records to be such within the meaning of the so-called "Right to Know Act", Act of June 21, 1957, P.L. 390, As amended, 65 P.S. § 66.1 et seq.
On the record before us it is unclear how the issues as raised by the City in its petition for declaratory judgment could produce a declaratory judgment bottomed upon the Right to Know Act which was not relied upon by the City in seeking declaratory relief. Indeed, this Act affords judicial relief only to a citizen who is denied a right of access, in this case PCNO, to a public record as defined in the Right to Know Act. This remedy is exclusive. Wiley v. Woods, 393 Pa. 341, 141 A.2d 844 (1958); Marvel v. Dalrymple, 38 Pa.Cmwlth. 67, 393 A.2d 494 (1978). [2]
In the instant proceedings, however, it is not PCNO, the party seeking access to these tax records, but the keeper of the records, the City, which initiated court action by way of declaratory judgment seeking only an interpretation of the cited provisions of its charter, ordinances and regulations.
Notwithstanding this procedural aberration we shall decide this appeal on the merits but within the context of the issues raised in the petition for declaratory judgment and, to the extent that the lower court relied on the provisions of the City charter, ordinances and regulations in concluding that the delinquent tax records be available for public inspection, we will affirm.
The right to inspect city records is delineated by Section 5-1104 of the Charter, 351 Pa.Code § 5.5-1104:
HAPCO takes the position that this section, which excludes disclosures invading a right to privacy, as well as Section 19-505 of the Code and Section 307 of the General Tax Regulations mandate the continued confidentiality of these records.
HAPCO's reliance on these provisions is misplaced. It has never been deemed Ipso facto an invasion of privacy to make public a citizen's tax records. Indeed, Section 1 of the Act of May 20, 1921, P.L. 936, As amended, 53 P.S. § 15952 requires the receiver of taxes of any city of the first class to appoint "for the convenience of the general public a custodian of delinquent tax . . . records who, upon application of any member of the general public, shall give without charge to the applicant a...
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