Grine v. Cnty. of Ctr.

138 A.3d 88

Jonathan D. GRINE

v.COUNTY OF CENTRE, The McShane Firm, LLC and Theodore C. Tanski.

Appeal of: County of Centre.

Kelley Gillette–Walker

v.County of Centre, Shubin Law Office, P.C., and Sean P. McGraw.

Appeal of: County of Centre.

No. 854 C.D. 2015

No. 855 C.D. 2015

Commonwealth Court of Pennsylvania.

Argued Feb. 10, 2016.

Decided April 13, 2016.

Mary Lou Maierhofer, Hollidaysburg, and Craig J. Staudenmaier, Harrisburg, for appellant.

Kimberly M. Colonna, Harrisburg, for appellees Jonathan D. Grine and Kelley Gillette–Walker.

BEFORE: MARY HANNAH LEAVITT, President Judge, and ROBERT SIMPSON, Judge, and P. KEVIN BROBSON, Judge, and PATRICIA A. McCULLOUGH, Judge, and MICHAEL H. WOJCIK, Judge.

OPINION BY Judge ROBERT SIMPSON.

In these consolidated appeals, the County of Centre (County) appeals from the orders of the Court of Common Pleas of Centre County (trial court)¹ granting preliminary injunctive relief to Judge Jonathan D. Grine (Grine) and Magisterial District Judge (MDJ) Kelley Gillette–Walker (Gillette–Walker), (collectively, the Judges). Specifically, the trial court enjoined the County from responding to requests submitted under the Right–to–Know Law (RTKL)² for “judicial records.” It further directed the County to refer any requests for judicial records to the open records officer designated by the relevant judicial agency. The County argues the injunction precludes it from fulfilling its statutory duty under the RTKL. It contends the records at issue are public regardless of which agency receives the request. Upon review, we affirm the trial court's orders with modification.

I. Background

The Judges filed complaints seeking declaratory and injunctive relief to enjoin the County from responding to RTKL requests for “judicial records” related to their activities. The trial court sealed the pleadings and issued special injunctions.

The litigation stems from the County's response to prior RTKL requests implicating cell phone usage by members of the unified judicial system and District Attorney Stacy Parks Miller (DA Miller). As to Gillette–Walker, the request sought “records of all telephone calls, text messages, instant messages, email ... and/or any other form of electronic communication;” as to Grine, the request sought “all to and from cell phone/call records[,] and to and from text messages from [DA Miller and/or an assistant DA] and [Grine].” Reproduced Record (R.R.) at 85a, 87a (collectively, the “Prior Requests”).

Because the County paid the cellular telephone bills for the Judges' usage, and the County contracted with Verizon to provide cellular service, the requests were directed to the County Open Records Officer. The County had access to records, including invoices that contained usage of cellular phone services by the Judges (Phone Records). The Phone Records identified telephone numbers of callers and recipients of calls. The County responded to the Prior Requests without notifying the Judges or the trial court's open records officer. In granting access, the County released parts of the Judges' telephone numbers, and it created a color-coded spreadsheet that tracked cell phone usage between DA Miller and the Judges. Although the response disclosed communications occurred between DA Miller's telephone number and the Judges' numbers, the response did not reveal the content of the communications. The response also did not contain the cost of cellular services or include any dollar amounts.

In April 2015, the trial court consolidated the cases for a hearing on the preliminary injunctions. The County presented evidence establishing the following facts. The County contracted with Verizon for a bulk plan allowing for a reduced rate for wireless service. Under the plan, the County purchased minutes that it then distributed to various departments and individuals, including the trial court. Certain members of the judiciary, including Grine, used the County-paid plan. Gillette–Walker did not use the County-paid plan; she used her personal cell phone.

Relevant here, Grine testified regarding the Court's policy for handling RTKL requests. R.R. at 113a–14a. Any requests for records of a judicial agency are governed by Pennsylvania Rule of Judicial Administration (Pa. R.J.A.) 509. Id.

Ultimately, the trial court granted preliminary injunctive relief to the Judges. Specifically, the trial court “enjoined [the County] from making any response to any request made pursuant to the [RTKL] for judicial records relating to [Grine or Gillette–Walker]. The [County] shall direct any request received to the [Prothonotary or the District Court Administrator] for a response.” Notice of Appeal, (Dkt. No. 854 2015), Ex. A; Notice of Appeal, (Dkt. No. 855 C.D. 2015), Ex. A.

In its initial opinion, the trial court held the Judges met the criteria for a preliminary injunction. It reasoned that records relating to activities of the Judges pertain to a judicial agency. Under the separation of powers doctrine, the County lacked jurisdiction to release the Phone Records. Tr. Ct., Slip Op., 5/7/15, at 9–10.

The County filed two appeals, one as to Grine and one as to Gillette–Walker. In response to the County's concise statement of the errors complained of on appeal, the trial court supplemented its opinion under Pa. R.A.P.1925(a). Therein, the trial court emphasized it “did not pay attention to” the County's argument that the Phone Records were “of the [C]ounty ... and financial records and thus public records under the RTKL.” Tr. Ct., Slip Op., 6/26/15 at 6.

This Court consolidated the County's two appeals as to the Judges. However, we denied the County's motion to consolidate this matter with the appeals involving records of DA Miller, docketed at Nos. 856 C.D. 2015 and 857 C.D. 2015. The Administrative Office of Pennsylvania Courts filed a friend-of-the-court brief aligned with the Judges. After briefing and oral argument, the matter is ready for disposition.

II. Discussion

On appeal,³ the County argues the preliminary injunction precludes it from providing the County's financial records, which are public as a matter of law. Essentially, the County contends there is no violation of a clear right necessitating a preliminary injunction because the Phone Records are public financial records.

The Judges counter that the trial court did not abuse its discretion in granting injunctive relief. The preliminary injunction ensures the County complies with the RTKL by directing any requests for records of the judiciary to the open records officer designated for the appropriate judicial agency. The Judges assert the Phone Records reflect communications of personnel of the unified judicial system, and they are not County records. As a result, the County violated the separation of powers doctrine by exercising control over records of the judiciary and responding to the Prior Requests.

This consolidated appeal underscores the dilemma agencies face when a RTKL request seeks records that document an activity of more than one agency. The Phone Records document the County's payment for services as well as the Judges' use of services. The Judges do not dispute that financial records of a judicial agency are public.⁴ Their concern lies with maintaining control over records of a judicial agency when they are in another branch's possession.

A. Preliminary Injunction Standard

Our review of the trial court's orders “is limited to determining whether the trial court abused its discretion.” Com. ex rel. Corbett v. Snyder, 977 A.2d 28, 41 (Pa.Cmwlth.2009) (citing Summit Towne Centre v. Shoe Show of Rocky Mount, Inc., 573 Pa. 637, 828 A.2d 995 (2003) ). “An abuse of discretion is not merely an error in judgment ... [r]ather, an abuse of discretion exists if the trial court renders a judgment that is [plainly] unreasonable, arbitrary or capricious, fails to apply the law, or was motivated by partiality, prejudice, bias or ill will.” Id. “If the record supports the trial court's reasons and factual basis, the court did not abuse its discretion.” Id. (citing Ambrogi v. Reber, 932 A.2d 969 (Pa.Super.2007) ). We also review the facts in the light most favorable to the party who prevailed at the trial court level. Snyder.

A party must establish the following to obtain a preliminary injunction:⁵

(1) necessity to prevent immediate and irreparable harm that cannot be adequately compensated by damages;

(2) greater injury would result from refusing an injunction than from granting it;

(3) an injunction will properly restore the parties to their status as it existed prior to the alleged wrongful conduct;

(4) the right to relief is clear, and that the wrong is manifest, and success on the merits is likely;

(5) the injunction is reasonably suited to abate the offending activity; and,

(6) an injunction will not adversely affect the public interest.

Lutz v. City of Phila., 6 A.3d 669, 673 (Pa.Cmwlth.2010) ; Greater Nanticoke Area Educ. Ass'n v. Greater Nanticoke Area Sch. Dist., 938 A.2d 1177, 1184 (Pa.Cmwlth.2007) (citing Warehime v. Warehime, 580 Pa. 201, 860 A.2d 41 (2004) ).

“Only if it is plain that no grounds exist to support the decree or that the rule of law relied upon was palpably erroneous or misapplied will we interfere with the decision of the [trial court].” Lutz, 6 A.3d at 673 (quoting Lee Publ'ns, Inc. v. Dickinson Sch. of Law, 848 A.2d 178, 183 (Pa.Cmwlth.2004) ). With these principles in mind, we assess the trial court's conclusion that the Judges established the prerequisites for a preliminary injunction.

1. Clear Right

The Judges frame their right to relief in terms of compliance with the RTKL and preserving the judiciary's control over its records. In analyzing the clear right to relief element, we consider two aspects of the RTKL: (1) the substance or nature of a record; and, (2) the procedure or means of accessing a record.

a. Record “of” an Agency; Substance of Record

The RTKL increased access from its predecessor statute⁶ not only as to the types of records, but...