An en banc panel of the Pennsylvania Commonwealth Court considered Requester’s petitions for review of the Office of Open Records (OOR) Final Determination denying production of the records requested. There were six issues before the Court: (1) whether the OOR erred by finding that the Pennsylvania Interscholastic Athletic Association (PIAA) is subject to the Right-to-Know Law (RTKL) and whether its classification as a “state-affiliated entity” under the RTKL constituted special legislation and violated its equal protection rights; (2) whether the OOR violated PIAA’s due process rights by commingling functions; (3) whether the OOR erred by permitting the RTKL’s record access provisions to supersede those of the Nonprofit Corporation Law of 1988; (4) whether the OOR erred by granting unredacted access to PIAA’s legal invoices and by not providing PIAA additional time to provide a significant volume of documents requiring redaction; (5) whether PIAA failed to conduct a good faith search and, therefore, acted with the requisite bad faith to support an award of statutory penalties and attorney fees; and (6) whether PIAA failed to prove that it did not have possession, custody, or control of any records responsive to Request Item 7. The Court affirmed the OOR’s Final Determination but modified the order concerning Request Item 1.
