Supreme Court: Wolf wrong to oust Open Records chief

HARRISBURG - The state Supreme Court on Tuesday upheld a lower court decision that Gov. Wolf overstepped his authority when he fired the state's Office of Open Records chief just weeks after taking office.

In a 3-1 decision, the justices said Commonwealth Court was correct when it forced Wolf in June to formally reinstate Erik Arneson.

The ousting of Arneson from the $140,000-a-year job was Wolf's brashest move in his first month, sparking acrimony between the new governor and the Republican-led legislature that has lingered through the year.

Arneson had been a longtime GOP aide when Gov. Tom Corbett tapped him for the office, which processes and responds to public requests for information from the state. The director's job has a six-year term, designed in part to bridge any change in administration.

Wolf, a Democrat, contended that the eleventh-hour appointment by his Republican predecessor flouted elected leaders' responsibility to be open and transparent. He also recalled more than two dozen other Corbett nominations - for judgeships, boards and commissions - but later allowed some to proceed.

In a five-page opinion written by Justice Max Baer, with the concurrence of Chief Justice Thomas G. Saylor and Justice J. Michael Eakin, the high court said it agreed with the lower court's analysis that the Office of Open Records is a "unique independent agency, charged with the delicate task of applying" the state's Right-to-Know Law, and that the office and its directors deserved to be insulated "from the potential for coercive influence from a governor."

In a one-paragraph dissent, Justice Debra McCloskey Todd said she believed Wolf acted within his constitutional authority. Justice Correale Stevens did not participate in the deliberations or decision.

The high court's ruling was a win for Arneson, of Lebanon County, and the Senate Republicans who joined him in suing Wolf. They had argued that the Open Records Office is a quasi-judicial agency outside the executive branch.

"I've said all along, the Office of Open Records must be independent to work as it was intended," Arneson said.

His lawyer, Joel Frank, said he was happy Arneson "can now fulfill his full six-year term without the specter of being dismissed without cause."

In a statement, Wolf's spokesman did not offer an opinion on the court's ruling but instead pledged the governor will continue to strive "to increase openness in government."

The administration "looks forward to working with Mr. Arneson to promote transparency," spokesman Jeff Sheridan said. "Gov. Wolf has already taken many steps to ensure government is ethical and open to the public, including enacting a gift ban, reforming legal contracting, releasing his calendar each week, and posting cabinet expenses online."

Matt Haverstick, who represented Senate Republicans in the case, called the decision "a win for transparency and good government."

"It's also a reminder," he said, "that the legislature creates the laws, and the governor has to follow them like everyone else."

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