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Court: Governor can't fire state open records head

Tom Wolf

HARRISBURG — The director of the state Office of Open Records cannot be removed by the governor without cause, Pennsylvania’s highest court ruled today.

That will keep in place the executive director who was fired early this year by Gov. Tom Wolf.

The Supreme Court ruled 3-1 that Wolf overstepped his authority when he dismissed Erik Arneson shortly after taking office in January.

Justice Max Baer wrote in the majority opinion that the justices generally agreed with a lower court that the Legislature “intended to immunize the executive director from the governor’s ability to remove him without cause at will,” but he also emphasized the ruling applies narrowly to the open records office.

“We view the Commonwealth Court’s analysis in this case to rest on the OOR’s status as a unique, independent agency charged with the delicate task of applying” the Right-to-Know Law, Baer wrote, “and the need to insulate the OOR and its executive director from the potential for coercive influence from a governor.”

Commonwealth Court restored Arneson to the job on a 4-3 vote in June.

“I am, needless to say, thrilled with the decision, and very happy to continue serving as executive director,” Arneson said.

Wolf spokesman Jeff Sheridan said that the administration would work with Arneson.

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