Legal Opinion · Dissent

Arneson v. Wolf

Commonwealth Court of Pennsylvania

Decided June 10, 2015Published

1Dissent

DISSENTING OPINION BY

President Judge DAN PELLEGRINI.

Hearing the sirens call that the only way the Righb-to-Know Law (RTKL)1 can work is if the Executive Director of the Office of Open Records (OOR) is not subject to removal by the Governor who appointed him, the majority finds that the Governor cannot remove a person from that position without cause, even though Article VI, Section 7 of the Pennsylvania Constitution says that he can. By so holding, the majority unconstitutionally interferes with the Governor’s grant of authority in Article TV, Section 2 of the Pennsylvania Constitution, by…

2Cases cited15 opinions

  1. Humphrey's v. United StatesSupreme Court of the United States · 1935
  2. Bowling v. Office of Open RecordsSupreme Court of Pennsylvania · 2013
  3. Federal Trade Commission v. Ruberoid Co.Supreme Court of the United States · 1952
  4. Wiener v. United StatesSupreme Court of the United States · 1958
  5. Levy v. Senate of PennsylvaniaSupreme Court of Pennsylvania · 2013

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