UPDATE State Supreme Court: PIAA is a public agency, subject to 'Right To Know' law

Feb. 21—HARRISBURG — The Pennsylvania Interscholastic Athletic Association is a public entity and subject to the Right to Know Law, the state Supreme Court ruled today.

More than two years ago, PIAA asked the state Supreme Court to review a Commonwealth Court decision that ruled the organization is subject to the Right to Know Law (RTKL).

PIAA attorney Allan Boyton argued before the Commonwealth Court judges in 2022 that the group should not be subject to the open records law.

In a 28-page opinion, the Commonwealth Court upheld the Office of Open Records' original ruling that the PIAA is subject to the law.

The opinion says the PIAA takes tax dollars and money from 1,431 various public schools and some of the PIAA board members include representatives of member schools.

"Therefore, as PIAA undertakes state action and is funded primarily by public school districts, the General Assembly's classification of PIAA as a state-affiliated entity for the purpose of qualifying as an agency under the RTKL has a rational basis and furthers a legitimate state interest of transparency in PIAA's use of public funds in a manner which dramatically impacts students' lives," the court ruled.

In a 28-page filing, the Supreme Court opinion by three of five judges stated: "The Supreme Court's observations are informative in that they bring into focus PIAA's substantial statewide control and expenditure of funds in connection with a matter of commonwealth governance."

One judge disagreed and one did not partake in the issue, according to court documents.

"PIAA plays a vital role in managing an important aspect of the education of middle- and high-school students in Pennsylvania, and it does so through the use of powers derivative of those attendant to school officials acting in an official capacity as authorized under the Public School Code," the justices wrote. "PIAA fulfills that role ultimately through a board of directors largely consisting of school officials acting in their official capacities. Given this state of affairs, we ultimately conclude PIAA falls within the scope of the phrase 'commonwealth entity.' And because PIAA is a commonwealth entity, it comprises a 'state-affiliated entity' under the first part of the RTKL's definition of that term without reference to the enumerated list of examples.

"PIAA's records are therefore public records to the extent they are not exempt from disclosure under Section 708 or protected by a privilege."

The case was brought before the courts after Bucks County resident Simon Campbell filed a Right to Know request in 2021 based on denials from the PIAA to The Daily Item's request for District 4 financials.

The newspaper requested documents, which the court now ruled are public, include receipts or bank statements from PIAA for money spent at a private home in Mifflinburg where District 4 officials at the time held a meeting to discuss Valley athletics.

Some of the records also include various receipts for meetings held at the Buffalo Wild Wings restaurant in Williamsport, and the Sullivan County Country Club, in Sullivan County, where food and alcohol were purchased.

Campbell told The Daily Item on Wednesday he was happy for the victory, but it came at a cost.

"The taxpayers had to pay twice for this," he said. "Once by giving their money to the PIAA for sporting events and then by paying for the attorney's to fight this."

Campbell said he continued the fight for all Pennsylvanians to have access to records.

"The line in the sand was drawn now," he said. "I did this not just for the newspaper but for all residents in the state so they can have access to documents and it came at a high cost."

It is not known what the PIAA spent in legal fees but The Daily Item will file a Right to Know for the total costs.

PIAA Executive Director Robert Lombardi does not comment to The Daily Item and has accused them of frivolous Right to Know requests, which included records requests for District 4 meetings at "Glenn's Patio," Buffalo Wild Wings, The Watson Inn, and the Sullivan County Country Club, all of which were listed on District 4 meeting minutes.

State Treasurer Stacy Garrity called Wednesday on the PIAA to immediately comply with the Right-to-Know Law by posting its contracts to treasury's Contracts e-Library.

"For the past 15 years, the PIAA has violated the Right-to-Know Law by not posting a single contract to the Contracts e-Library," Garrity said in a press release. "That changes now."

Garrity sent a letter to the PIAA after the ruling notifying the agency that treasury is prepared to work with them to get its contracts posted online promptly, and that she believes a reasonable timeline would have its contracts posted no later than March 29.

"The General Assembly wisely chose to make the PIAA subject to the Right-to-Know Law in 2008," Garrity said. "Our student-athletes and their parents deserve transparency from the agency that regulates middle school and high school athletics across our state."

Melissa Melewsky, the media law counsel for the Pennsylvania NewsMedia Association, said the decision was a "significant win for access to Pennsylvanians."

"The biggest takeaway is the PIAA uses taxpayer funds," she said. "It opens the door to legislature to include similar types of nonprofit organizations under the umbrella."

Melewsky said the state should consider mandatory fees associated with these types of cases to be reimbursed to the requester because it would halt some of the litigation and not waste taxpayer and court time.

She said Pennsylvania does not have a provision as of now.

Melewsky said if the documents aren't produced, there could be sanctions issued under bad faith.

The commonwealth asked the PIAA during proceedings almost two years ago to retain the records because the case was still in the court system.

"If there are any records missing, it would be subject to bad faith, and up to a court," she said. "If an agency destroyed public records that are the subject of legal action, that is a significant issue of bad faith and a court can find bad faith, issue sanctions, attorney fees and a civil penalty against the agency."

State Sen. Lynda Schlegel Culver said transparency is important.

"I believe it's important to have transparency and accountability when the public's tax dollars are being spent," she said. "Taxpayers have a legitimate interest in learning and knowing how their hard-earned money is being used. Public trust can only be earned when people" have the opportunity to know for themselves how taxpayer resources are being allocated.

State Rep. Mike Stender agreed, saying the decision was a win for all of Pennsylvania.

"The Pennsylvania Right to Know law was created out of the need for government to be more transparent to taxpayers," he said. "Citizens have every right to know how tax dollars are being spent. I am thankful that the Pennsylvania State Supreme Court has sided with taxpayers on this latest ruling. This is the type of checks and balances that our government was founded upon. I consider this a win for student-athletes and their families who spend so much time and money participating in these extracurricular activities.

"As a member of the state Legislature, my door is always open to the citizens of the 108th District on how we can improve state laws or fix loopholes that are counterproductive to our state."