Department of Human Services v. Pennsylvanians for Union Reform, Inc.

DISSENTING OPINION BY

JUDGE McCullough

Because the list of direct-care workers’ (DCWs) names and addresses is a record or information that is facially exempt from disclosure pursuant to section 708(b)(28)(ii)(B) of the Right-to-Know Law (RTKL),1 and our decision in Housing Authority of the City of Pittsburgh v. Van Osdol, 40 A.3d 209 (Pa. Cmwlth. 2012), does not compel the result the Majority reaches, and further, because a remand to the Pennsylvania Office of Open Records (OOR) for a balancing test to be performed is not warranted under The Pennsylvania State Education Association v. Office of…