Nonprofit’s Documents Sent to Official May Be Public Records Subject To Disclosure
Where Cabinet member serves on University board ex officio, Court says nonprofit’s communications are records of Department
The Pennsylvania Commonwealth Court has held that communications between Penn State University and the state Secretary of Education, who serves on the University’s board ex officio , are public records subject to disclosure under the state’s Right to Know Law. But because the Office of Open Records did not determine whether any of the Department’s arguments that statutory exceptions to disclosure applied, the Court remanded the case for further determination of what, if any, records must actually be disclosed. ( Bagwell v Pennsylvania Department of Education , Commonwealth Ct., PA, No. 1916 C.D. 2012, 7/19/13. )
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