Uniontown Newspaper v. PA Dept of Cor ( 2019 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
UNIONTOWN NEWSPAPERS, INC., : No. 561 MAL 2018
D/B/A THE HERALD STANDARD; AND :
CHRISTINE HAINES, :
: Petition for Allowance of Appeal from
Respondents : the Order of the Commonwealth Court
:
:
v. :
:
:
PENNSYLVANIA DEPARTMENT OF :
CORRECTIONS, :
:
Petitioner :
UNIONTOWN NEWSPAPERS, INC., : No. 779 MAL 2018
D/B/A THE HERALD STANDARD; AND :
CHRISTINE HAINES, :
: Petition for Allowance of Appeal from
Respondents : the Order of the Commonwealth Court
:
:
v. :
:
:
PENNSYLVANIA DEPARTMENT OF :
CORRECTIONS, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 24th day of September, 2019, the Petition for Allowance of Appeal
is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to the
remaining issue. The first issue, as stated by petitioner, and the second issue as
rephrased for clarity, are:
(1) Where RTKL Section 65 P.S. § 67.1304 and § 67.1305 premise the award
of sanctions and attorney fees on a finding of bad faith and willful and
wanton behavior, can a court impose those penalties based on a finding
that the RTK responder failed to personally and independently assess the
universe of documents sought, instead relying on the statement of the
Bureau functionaries that all otherwise responsive records are part of a
noncriminal investigation, when any duty to independently and personally
assess is not clearly delineated in either the statute or the case law?
(2) Did the Commonwealth Court properly construe the statutory language of
65 P.S. § 67.1304 as authorizing an award of attorney fees when a court
reverses a final determination of an agency rather than when a court
reverses the final determination of the appeals officer?
[561 MAL 2018] - 2