Arneson (Open Records) v. Gov. Wolf

[J-45-2015] [MO: Baer, J.]

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

ERIK ARNESON, INDIVIDUALLY AND IN : No. 51 MAP 2015 HIS OFFICIAL CAPACITY AS :

EXECUTIVE DIRECTOR OF THE : Appeal from the Order of the OFFICE OF OPEN RECORDS, AND : Commonwealth Court at No. 35 MD SENATE MAJORITY CAUCUS : 2015 dated June 10, 2015 : : ARGUED: September 9, 2015 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 : : :

APPEAL OF: THOMAS W. WOLF, IN HIS :

OFFICIAL CAPACITY AS GOVERNOR :

OF THE COMMONWEALTH OF :

PENNSYLVANIA AND DEPARTMENT OF :

COMMUNITY AND ECONOMIC :

DEVELOPMENT :

DISSENTING OPINION

MADAME JUSTICE TODD DECIDED: October 27, 2015 For the reasons ably expressed by President Judge Pellegrini in his dissent below, see Arneson v. Wolf, 117 A.3d 374 (Pa. Cmwlth. 2015) (Pellegrini, P.J., dissenting), I conclude Governor Wolf acted within his constitutional authority in removing the Executive Director of the Office of Open Records, and so I would reverse the order of the Commonwealth Court. Accordingly, I dissent.