Bergmueller v. Lower Allen Township
Case Number: 2025-08789
Court: Cumberland County Court of Common Pleas
Clients: Jonathan Bergmueller, PennLive
Background: In April 2025, PennLive reporter Jonathan Bergmueller submitted a public records request to Lower Allen Township seeking to obtain all settlement agreements entered into by the township dating back to January 2020.
The township denied the request, claiming that no responsive records exist. The township explained that its insurance provider resolves certain matters through settlements, but that those agreements are not public records because they are reached without the involvement of township officials.
Bergmueller and PennLive appealed the denial to the Pennsylvania Office of Open Records, which issued a final determination in the township’s favor. The OOR concluded that because “the Township was not involved in decisions to enter settlement agreements and its approval was not needed for settlement, the requested records do not relate to the performance of a governmental function and are therefore, not accessible under” Pennsylvania’s Right-to-Know Law.
On behalf of Bergmueller and PennLive, Paula Knudsen Burke, the Pennsylvania Local Legal Initiative attorney for the Reporters Committee for Freedom of the Press, filed this lawsuit asking the Cumberland County Court of Common Pleas to reverse the OOR’s final determination and order the release of all the requested documents. The lawsuit argues that the township “cannot circumvent the RTKL by claiming that documents created and held by insurance companies representing the Township on official business and using tax dollars are not public records.”
Update: On Sept. 25, 2025, Lower Allen Township agreed to settle the case by turning over four settlement documents, including one related to a lawsuit alleging that a local police officer used excessive force during a traffic stop in 2022. As Bergmueller reported for PennLive, the township’s insurance carrier paid $25,000 to settle the lawsuit.
Filings:
2025-09-05: Petition for review
2025-10-06: Praecipe to withdraw/discontinue