Received 06/10/2015 Filed 06/10/2015 35 MD 2015 IN THE COMMONWEALTH COURT OF PENNSYLVANIA ERIK ARNESON, individually and in his official capacity as Executive Director of the Office of Open Records; and SENATE MAJORITY CAUCUS, s No. 35 M.D. 2015 THOMAS W. WOLF, in his official capacity as Governor of the Commonwealth of Pennsylvania; DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT; and OFFICE OF OPEN RECORDS, s v. NOTICE OF APPEAL OF THOMAS W. WOLF AND THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT s Thomas W. Wolf, the Governor of the Commonwealth of Pennsylvania, and the Department of Community and Economic Development (Executive s), hereby appeal to the Supreme Court of Pennsylvania from the order entered in this matter on, granting Erik Arneson and the s Application for Summary Relief. The Court s opinion is reported at A.3d, 35 M.D. 2015 (Pa. Cmwlth. ). The order has been entered in the docket as evidenced by the attached copy of the docket entries. The decision in this case was based on the
written submissions of the parties without an evidentiary hearing. Therefore, there is no verbatim record of the proceedings. Respectfully submitted, KATHLEEN G. KANE Attorney General By: /s/kenneth L. Joel KENNETH L. JOEL Chief Deputy Attorney General Chief, Litigation Section Attorney I.D. #72370 Office of Attorney General Litigation Section 15 th Floor, Strawberry Square Harrisburg, PA 17120 Direct: 717-787-8106 Fax: 717-772-4526 kjoel@attorneygeneral.gov /s/jonathan D. Koltash JONATHAN D. KOLTASH Deputy Attorney General Attorney I.D. #206234 Counsel for Executive s Date: 2
Page 1 of 13 Erik Arneson, individually and in his official capacity as Executive Director of the Office of Open Records, and Senate Majority Caucus, s v. Thomas W. Wolf, in his official capacity as Governor of the Commonwealth of Pennsylvania, Department of Community and Economic Development, and Office of Open Records, s Initiating Document: Petition for Review CAPTION CASE INFORMATION Case Status: Closed Case Processing Status: Completed Journal Number: 45-03-2015 Case Category: Miscellaneous Case Type(s): Mandamus CONSOLIDATED CASES RELATED CASES Docket No / Reason Type 45 MD 2015 Related Similar Issue(s) COUNSEL INFORMATION Attorney: Green, Melissa Mae Law Firm: Conrad O'Brien PC Address: Conrad O'Brien PC 1500 Market St West Tower, Suite 3900 Philadelphia, PA 19102-2100 Phone No: (215) 864-9600 Fax No: (215) 864-9620 Attorney: Law Firm: Conrad O'Brien PC Address: 1500 Market Street, Centre Square West Tower, Suite 3900 Philadelphia, PA 19102-1916 Phone No: (215) 864-9600 Fax No: (215) 523-9725
Page 2 of 13 COUNSEL INFORMATION Attorney: MacNett, Stephen C. Law Firm: Conrad O'Brien PC Address: Conrad O'brien PC 240 N 3RD St 5th Fl Harrisburg, PA 17101 Phone No: (717) 232-2141 Fax No: (215) 864-7401 Attorney: Law Firm: Conrad O'Brien PC Address: Conrad O'brien PC 1500 Market St 3900 W Twr Philadelphia, PA 19102-2100 Phone No: (215) 864-8088 Fax No: Attorney: Voss, Joshua John Law Firm: Conrad O'Brien PC Address: Conrad O'brien PC 240 N Third St 5 Fl Harrisburg, PA 17101 Phone No: (215) 864-8081 Fax No:
Page 3 of 13 COUNSEL INFORMATION Attorney: Frank, Joel L. Law Firm: Lamb McErlane, PC Address: Lamb Mcerlane PC 24 E Market St PO Box 565 West Chester, PA 19381-0565 Phone No: (610) 430-8000 Fax No: Attorney: McBride, Maureen Murphy Law Firm: Lamb McErlane, PC Address: 24 E Market St PO Box 565 West Chester, PA 19381-0565 Phone No: (610) 430-8000 Fax No: Attorney: Withers, Scot Russel Law Firm: Lamb McErlane, PC Address: 24 E Market Box 565 West Chester, PA 19381-0565 Phone No: (610) 430-8000 Fax No: Attorney: Law Firm: Conrad O'Brien PC Address: 1500 Market Street, Centre Square West Tower, Suite 3900 Philadelphia, PA 19102-1916 Phone No: (215) 864-9600 Fax No: (215) 523-9725 Attorney: Lamb, William H. Law Firm: Lamb McErlane, PC Address: 24 E Market St P O Box 565 West Chester, PA 19382-3151 Phone No: (610) 430-8000 Fax No: Attorney: Law Firm: Conrad O'Brien PC Address: Conrad O'brien PC 1500 Market St 3900 W Twr Philadelphia, PA 19102-2100 Phone No: (215) 864-8088 Fax No: Amicus Curiae Pennsylvania of Information Coalition Attorney: Wilson, Corinna V. Law Firm: Commonwealth of PA Address: 500 Arlington Rd Camp Hill, PA 17011-2109 Phone No: (717) 979-3407 Fax No:
Page 4 of 13 COUNSEL INFORMATION Amicus Curiae Pennsylvania NewsMedia Association Attorney: Melewsky, Melissa Bevan Law Firm: Pennsylvania NewsMedia Association Address: 3899 N Front St Harrisburg, PA 17110-1583 Phone No: (717) 703-3000 Fax No: (717) 703-3001 Phone No: (717) 703-3048 Amicus Curiae House of Representatives Majority Caucus Attorney: Mann, James Guthrie Law Firm: Pennsylvania House of Representatives Address: Ste B 6 Main Capitol PO Box 202228 Harrisburg, PA 17120-2228 Phone No: (717) 783-1510 Fax No: Attorney: Corey, Rodney A. Law Firm: Pennsylvania House of Representatives Address: PA House of Representatives Main Capitol Bldg Ste B 6 Harrisburg, PA 17120-0001 Phone No: (717) 783-1510 Fax No: Attorney: Law Firm: Pennsylvania Office of Attorney General Address: PA Office of Attorney General Stawberry Sq Fl 15 Harrisburg, PA 17120 Phone No: (717) 783-3146 Fax No: Attorney: Joel, Kenneth Lawson Law Firm: Pennsylvania Office of Attorney General Address: PA Office of AG 15TH Fl Strawberry Sq Harrisburg, PA 17120 Phone No: (717) 787-8106 Fax No:
Page 5 of 13 COUNSEL INFORMATION Office of Open Records Attorney: Brown, Charles Rees Law Firm: Pennsylvania Office of Open Records Address: PA Office of Open Records 400 North St Fl 4 Harrisburg, PA 17120-0204 Phone No: (717) 346-9903 Fax No: Department of Community and Economic Development Attorney: Law Firm: Pennsylvania Office of Attorney General Address: PA Office of Attorney General Stawberry Sq Fl 15 Harrisburg, PA 17120 Phone No: (717) 783-3146 Fax No: Attorney: Joel, Kenneth Lawson Law Firm: Pennsylvania Office of Attorney General Address: PA Office of AG 15TH Fl Strawberry Sq Harrisburg, PA 17120 Phone No: (717) 787-8106 Fax No: FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 01/26/2015 Miscellaneous Docket Filing Fee 65.50 01/26/2015 2015-CMW-H-000204 65.50 01/29/2015 Copy Work (Per Page) 3.50 01/29/2015 2015-CMW-H-000223 3.50 01/30/2015 Copy Work (Per Page) 7.00 01/30/2015 2015-CMW-H-000233 7.00 02/03/2015 Copy Work (Per Page) 8.00 02/03/2015 2015-CMW-H-000250 8.00 02/19/2015 Copy Work (Per Page) 4.00 02/19/2015 2015-CMW-H-000358 4.00 AGENCY/TRIAL COURT INFORMATION Court Below: County: Division: Order Appealed From: Judicial District: Documents Received: January 26, 2015 Notice of Appeal Filed: Order Type: OTN(s): Lower Ct Docket No(s): Lower Ct Judge(s): ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record:
Page 6 of 13 Amicus Curiae House of Representatives Majority Caucus Brief Due: Filed: Pennsylvania NewsMedia Association Brief Due: Filed: February 27, 2015 Pennsylvania of Information Coalition Brief Due: Filed: March 10, 2015 BRIEFING SCHEDULE Department of Community and Economic Development Brief Due: Filed: Due: February 27, 2015 Filed: February 27, 2015 Office of Open Records Amended Brief Due: Filed: Brief Due: Filed: Brief Due: Filed: Brief Due: Filed: Due: February 27, 2015 Filed: February 27, 2015 Reply Brief Due: Filed: March 4, 2015 Brief Due: Filed: Reply Brief Due: Filed: March 4, 2015 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date January 26, 2015 Petition for Review Filed Document Name: Petition for Review in the Nature of a Complaint for Mandamus and Declaratory Relief January 26, 2015 Filed - Other Voss, Joshua John Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Withers, Scot Russel Document Name: Brief in Support of Application and Preliminary Injunction
Page 7 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date January 26, 2015 Petition for Preliminary Injunction Voss, Joshua John Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Withers, Scot Russel Document Name: Application for Special and Preliminary Injunction by s Arneson and January 26, 2015 Hearing Scheduled 01/26/2015 Per Curiam Document Name: upon consideration of pets.' app. for special and preliminary injunction, hearing thereon January 26, 2015 Comment: is fixed for February 3, 2015 at 10:00 a.m., in Courtroom 3001, Third Floor, Pennsylvania Judicial Center, 601 Commonwealth A venue, Harrisburg, Pennsylvania. s' answer to the application and brief in support (3 copies) shall be filed and served by noon on February 2, 2015. s shall promptly serve respondents with a copy of this Order and shall thereafter promptly file of record a proof of service of same. Certificate of Service Filed January 28, 2015 Entry of Appearance Department of Community and Econ January 29, 2015 Application for Extension of Time to File Brief - First Request Department of Community and Econ Document Name: Executive Branch s' App. in the Form of a Motion for Enlargement of Time January 29, 2015 Answer to Application for Extension January 30, 2015 Entry of Appearance Joel, Kenneth Lawson Joel, Kenneth Lawson Department of Community and Econ January 30, 2015 Order Filed 01/30/2015 Per Curiam Document Name: Hearing on petitioners' application for special and preliminary injunction, previously scheduled for January 30, 2015 Comment: 2-3-15 is continued until 2-4-15, 10:00 am, CR 3002, PJC, HBG. s' motion for ext. of time and the response thereto, the motion is granted in part. s' answer to the application and brief in support (3 copies) shall be filed and served by noon on 2-3-15. Amicus Curiae Brief Corey, Rodney A. Mann, James Guthrie
Page 8 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date January 30, 2015 Application for Relief Corey, Rodney A. Mann, James Guthrie Document Name: Application for Leave to File Amicus Curiae Brief Nunc Pro Tunc. January 30, 2015 Entry of Appearance Corey, Rodney A. January 30, 2015 February 2, 2015 Entry of Appearance Mann, James Guthrie Amended Certificate of Service Corey, Rodney A. Mann, James Guthrie February 3, 2015 Order Filed 02/03/2015 Per Curiam Document Name: Decorum Order : No electronic devices may be used in the courtroom except those used by the court February 3, 2015 Comment: and its staff and by counsel for this case. No laptop computer may be carried into the courtroom. Cell or smart phones may be carried into the courtroom, but must be turned off at all times. No cameras are allowed in the Commonwealth Court facilites at any time. There will be no recording of the proceedings for playback at a later date. Prothonotary Kristen W. Brown is the media liaison. Document Name: by letter February 3, 2015 Answer Filed Brown, Charles Rees Application to Strike Office of Open Records Department of Community and Econ February 3, 2015 Answer and New Matter Department of Community and Econ February 3, 2015 's Brief Filed Department of Community and Economic Development February 4, 2015 Entry of Appearance Green, Melissa Mae February 4, 2015 Answer Filed Document Name: Reply in Further Support of Application for Special and Preliminary Injunction
Page 9 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date February 4, 2015 Answer Filed Green, Melissa Mae Voss, Joshua John Document Name: to App. to Strike. February 4, 2015 Order Filed 02/04/2015 Pellegrini, Dan Document Name: Pets. having withdrawn their applications for special and preliminary injunction, the February 4, 2015 Comment: Chief Clerk is hereby directed to list this case for en bane argument before the Court on the March 2015 list in Harrisburg. The parties shall file contemporaneous cross-motions for summary relief on stipulated facts and briefs in support no later than. Responsive briefs shall be filed no later than February 27, 2015. Any amicus curiae shall file its brief in accordance with Pennsylvania Rule of Appellate Procedure 531. Pursuant to the parties' stipulation: the issues of whether the Senate Majority Caucus has standing will not be raised in the cross-motions for summary judgment; 's return to other employment during the pendency of this action will not constitute abandonment of his purported position as Executive Director of OOR; and Governor Corbett's initial appointment of will be deemed lawful. All deadlines regarding 's petition for review shall be held in abeyance pending disposition of the parties' cross-motions for summary relief. Tentative Session Date Krimmel, Michael Document Name: March 2015 (Harrisburg) February 5, 2015 Argument Scheduled 02/06/2015 Krimmel, Michael Document Name: Wed., 3/11/15 at 9:30 a.m. before the Court En Banc sitting in Courtroom 5001, PJC February 9, 2015 Comment: Hbg. The court requires a total of 11 copies of all briefs to be filed in accordance with the order of 2/4/15. Transcript Lodged Court Reporter Document Name: 4/4/15 at 10:00 a.m. Judge Pellegrini February 9, 2015 Exhibit Court Reporter Document Name: for hearing of 2/4/15. Judge Pellegrini Amicus Curiae Brief Corey, Rodney A. Mann, James Guthrie 's Brief Filed Brown, Charles Rees Office of Open Records
Page 10 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date Application for Relief Brown, Charles Rees Office of Open Records Document Name: Cross-motion for summary relief in the nature of a demurrer Document Name: Joint Stipulation Filed Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Withers, Scot Russel Green, Melissa Mae Voss, Joshua John Brown, Charles Rees Joel, Kenneth Lawson Joel, Kenneth Lawson Department of Community and Econ Office of Open Records Department of Community and Econ Application for Relief Department of Community and Econ Document Name: Executive s' Application in the Form of a Motion for Summary Relief. 's Brief Filed Department of Community and Econ Application for Relief Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Withers, Scot Russel Green, Melissa Mae Voss, Joshua John Document Name: for Summary Relief by Erik Arneson and. 's Brief Filed
Page 11 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date Application for Summary Relief Brown, Charles Rees Office of Open Records Document Name: Amended cross-motion for summary relief in the nature of a demurrer 's Amended Brief Filed Brown, Charles Rees Office of Open Records February 19, 2015 Entry of Appearance MacNett, Stephen C. February 20, 2015 Transcript Filed Court Reporter Document Name: Proceedings held 2/4/15. Judge Pellegrini February 23, 2015 Order Filed 02/23/2015 Per Curiam Document Name: The matter, scheduled for oral argument before the court en banc on 3-11-15, in En Banc CR 5001, February 27, 2015 Comment: PJC, HBG, shall be called at the head of the list of cases to be heard on that same day and location. argument session commences at 9:30 am. Answer and New Matter Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Withers, Scot Russel Voss, Joshua John Department of Community and Econ The February 27, 2015 's Brief Filed Department of Community and Econ February 27, 2015 Answer Filed Frank, Joel L. Lamb, William H. McBride, Maureen Murphy Green, Melissa Mae MacNett, Stephen C. Voss, Joshua John Document Name: to Application for Summary Relief. February 27, 2015 Amicus Curiae Brief Melewsky, Melissa Bevan Pennsylvania NewsMedia Associatio Amicus Curiae
Page 12 of 13 DOCKET ENTRY Filed Date Docket Entry / Filer Representing Participant Type Exit Date March 4, 2015 's Reply Brief Filed March 10, 2015 Entry of Appearance Wilson, Corinna V. Pennsylvania of Information CoalitionAmicus Curiae March 10, 2015 Application for Relief 03/10/2015 Wilson, Corinna V. Pennsylvania of Information CoalitionAmicus Curiae Document Name: Pennsylvania Freedom of Information Coalition's App. for Leave to File Brief Amicus Curiae March 10, 2015 Amicus Curiae Brief Wilson, Corinna V. Pennsylvania of Information CoalitionAmicus Curiae March 12, 2015 Order Denying Application for Relief 03/12/2015 Per Curiam Document Name: upon consideration of non-party Pennsylvania Freedom of Information Coalition's application for Comment: leave to file brief amicus curiae, said application is denied, and the Coalition's brief amicus curiae is stricken. Summary Relief Granted 06/10/2015 McCullough, Patricia A. Document Name: Opinion (76 pages) Comment: The motion for summary relief filed by Erik Arneson is granted. The motion for summary relief fied by Thomas W. Wolf, the Dept. of Comm. and Economic Development, and the OOR is denied. The OOR's motion for summary relief in the nature of a demurrer is also denied. The court Decrees and Orders the following: 1. It is hereby declared that Governor Wolf exceeded his removal power under Article VI, Section 7 of the Pennsylvania Constitution and dismissed Arneson from his position of Executive Director without the authority of law. 2. Arneson is ordered to be restored to the position of Executive Director and shall receive any backpay and benefits owing, discounting any offsets to reflect actual loss of income. 3. Arneson's request for a permanent injunction and any other relief is denied. SESSION INFORMATION Journal Number: Consideration Type: Listed/Submitted Date: 45-03-2015 En Banc Argument March 11, 2015 Panel Composition: The Honorable Dan Pellegrini The Honorable Bernard L. McGinley The Honorable Bonnie Brigance Leadbetter The Honorable Renee Cohn Jubelirer The Honorable Mary Hannah Leavitt The Honorable P. Kevin Brobson The Honorable Patricia A. McCullough President Judge Judge Judge Judge Judge Judge Judge DISPOSITION INFORMATION Final Disposition: Yes
Page 13 of 13 DISPOSITION INFORMATION Related Journal No: Category: Disposition: Disposition Comment: Dispositional Filing: Filed Date: Decided Summary Relief Granted Judgment Date: Disposition Author: Disposition Date: McCullough, Patricia A. The motion for summary relief filed by Erik Arneson is granted. The motion for summary relief fied by Thomas W. Wolf, the Dept. of Comm. and Economic Development, and the OOR is denied. The OOR's motion for summary relief in the nature of a demurrer is also denied. The court Decrees and Orders the following: 1. It is hereby declared that Governor Wolf exceeded his removal power under Article VI, Section 7 of the Pennsylvania Constitution and dismissed Arneson from his position of Executive Director without the authority of law. 2. Arneson is ordered to be restored to the position of Executive Director and shall receive any backpay and benefits owing, discounting any offsets to reflect actual loss of income. 3. Arneson's request for a permanent injunction and any other relief is denied. Opinion Filing Author: McCullough, Patricia A. 6/10/2015 12:00:00AM Dispositional Filing: Filed Date: Dissenting Statement 6/10/2015 12:00:00AM Filing Author: McGinley, Bernard L. Dispositional Filing: Filed Date: Dissenting Opinion 6/10/2015 12:00:00AM Filing Author: Pellegrini, Dan Dispositional Filing: Filed Date: Dissenting Statement 6/10/2015 12:00:00AM Filing Author: McGinley, Bernard L. Dispositional Filing: Filed Date: Dissenting Statement 6/10/2015 12:00:00AM Filing Author: Leadbetter, Bonnie Brigance
CERTIFICATE OF SERVICE I, Jonathan D. Koltash, Deputy Attorney General, hereby certify that on June 10, 2015, I caused to be served the foregoing NOTICE OF APPEAL addressed to the following: VIA PACFILE: Joel L. Frank, Esquire William Lamb, Esquire Maureen McBride, Esquire Scot Withers, Esquire LAMB MCERLANE PC 24 E. Market Street P.O. Box 565 West Chester, PA 19381 jfrank@lambmcerlane.com wlamb@lambmcerlane.com mmcbride@lambmcerlane.com swithers@lambmcerlane.com (Counsel for Arneson) Matthew H. Haverstick, Esquire Mark E. Seiberling, Esquire CONRAD O BRIEN PC Centre Square, West Tower 1500 Market Street, Suite 3900 Philadelphia, PA 19102-2100 mhaverstick@conradobrien.com mseiberling@conradobrien.com (Counsel for )
Joshua J. Voss, Esquire CONRAD O BRIEN PC 240 N. Third Street, 5 th Floor Harrisburg, PA 17101 jvoss@conradobrien.com (Counsel for ) Rodney A. Corey, Esquire James G. Mann, Esquire PA HOUSE OF REPRESENTATIVES Main Capitol Suite B6 P.O. Box 202228 Harrisburg, PA 17120-228 jmann@pahousegop.com (Counsel for Amicus Curiae) VIA EMAIL: Charles Rees Brown, Esquire OFFICE OF OPEN RECORDS Commonwealth Keystone Building 400 North Street, 4 th Floor Harrisburg, PA 17120-0225 (Counsel for ) /s/ Jonathan D. Koltash JONATHAN D. KOLTASH Deputy Attorney General Office of Attorney General Litigation Section 15 th Floor, Strawberry Square Harrisburg, PA 17120 Direct: 717-783-3146 Fax: 717-772-4526 jkoltash@attorneygeneral.gov