2. Trustee records.

Given the Commonwealth Court’s recent holding subjecting a private foundation to the requirements of the Act, it is likely that trustee records directly relating to its “governmental function” are accessible.  See, e.g. East Stroudsburg Univ. Foundation v. Office of Open Records, 995 A.2d 49 (Pa. Commw. Ct. 2010).

B. Other statutory exclusions.

Other Pennsylvania statutes, administrative code provisions, and policies either specifically grant or deny access to information from the government. Some important examples are:

c. Minutes. M1E3C

(This section is blank. See the subpoints below.)

b. Editor

The Pennsylvania Shield Law and First Amendment reporter's privilege apply to editors. In In re Taylor, the Pennsylvania Supreme Court extended the Shield Law's protections to the president and general manager of a newspaper and the editor of another newspaper, all of whom were subpoenaed by an investigating grand jury. See In re Taylor, 193 A.2d 181, 182, 186 (Pa. 1963). There are no Pennsylvania cases that actually define the term "editor" for the purposes of the privileges.

2. Public matter message on government hardware.

The Act is silent regarding any type of message on government hardware.  Given that emails have been held to be accessible to the public no matter where they exist, instant messages and text messages must also likely be made publicly available upon proper request.  See Silberstein, 2011 WL 31550 at *1.

B. Arrest records



B. Any other statutory requirements for closed or open meetings. M2B

There exist, throughout the Pennsylvania Code, occasional provisions requiring that the meetings of particular public bodies be open. See, e.g., 53 Pa. Stat. § 12527 (stating that council meetings of first class cities must be open); 53 Pa. Stat. § 36005 (requiring that council meetings of third-class cities be open). If, as is likely, the courts adhere to their practice under the prior Sunshine Act, these statutes will be read in pari materia with the Act, and will be subject to its exceptions. See Mellin v. City of Allentown, 430 A.2d 1048 (Pa. Commw. Ct. 1981).

4. What issues will the court address? M4C04

(This section is blank. See the subpoints below.)