Pennsylvania Department of Education v. Massey

Case Numbers: 1083 CD 2023, 1092 CD 2023, 1207 CD 2023 (consolidated cases)

Court: Commonwealth Court of Pennsylvania

Clients: Spotlight PA, Wyatt Massey

Entry of Appearance Filed: Nov. 17, 2023

Background: In 2023, Spotlight PA reporter Wyatt Massey filed two separate public records requests — one with the Pennsylvania Department of Education, the other with the Pennsylvania Department of Agriculture — seeking, among other things, all records related to a retreat held in August 2022 by Penn State University’s Board of Trustees. The secretaries of the Department of Education and the Department of Agriculture serve on Penn State’s Board of Trustees.

The government agencies denied the requests, prompting Massey to file separate appeals with Pennsylvania’s Office of Open Records. The OOR granted Penn State’s request to participate in the appeals.

In separate final determinations, the OOR partially ruled in favor of the reporter, ordering the agencies to produce some of the requested records. The Department of Education appealed to the Commonwealth Court of Pennsylvania. Penn State, as a direct interest participant, appealed the OOR’s decision in both the Department of Education and the Department of Agriculture cases.

The Commonwealth Court consolidated all three appeals. Paula Knudsen Burke, the Reporters Committee’s Local Legal Initiative attorney for Pennsylvania, and Heather E. Murray of the Cornell Law School First Amendment Clinic are representing Massey and Spotlight PA.

Related: Burke is also representing Spotlight PA in a lawsuit alleging that Penn State’s Board of Trustees violated Pennsylvania’s open meetings law. “By regularly meeting in secret, Penn State officials are not just violating the state’s Sunshine Act, they are also violating the public’s trust,” Burke told Spotlight PA. “In order to hold an institution as large and influential as Penn State accountable, we must demand greater transparency.”

Filings:

2023-09-01: OOR final determination (Department of Education case)

2023-09-27: Agency petition for review (Department of Education case)

2023-09-28: Penn State petition for review (Department of Education case)

2023-10-11: Penn State amended petition for review (Department of Education case)

2023-11-17: Requester entry of appearance (Department of Education case)

2023-11-27: OOR consolidated certified record

2023-10-06: OOR final determination (Department of Agriculture case)

2023-10-25: Penn State petition for review (Department of Agriculture case)

2023-11-17: Requester entry of appearance (Department of Agriculture case)

2023-11-27: OOR consolidated certified record

2024-02-08: Penn State brief