Kelly v. Northeastern Educational Intermediate Unit

NEALON, J.,

— This appeal under the Right-to-Know Law (“RTKL”), 65 P.S. §§ 67.101 -67.3104, presents an issue of first impression under the RTKL: whether accountants, who are retained by a local agency to conduct an independent audit of the agency, have “contracted to perform a governmental function on behalf of the agency,” such that any records in the accountants’ possession relating to their communications with members of the agency’s board of directors are discoverable as *303public records under Section 506(d)(1) of the RTKL, 65 RS. § 67.506(d)(1)? The parties’ appeal also involves the…