Government contractor records subject to RTKL

Published on

SWB Yankees LLC v. Wintermantel
Pennsylvania Supreme Court
No. 44 MAP 2011
May 29, 2012

The Supreme Court of Pennsylvania ruled that the records of a private government contractor performing government functions on behalf of a government agency, in this case a private contractor’s records relating to bids to run the concessions at a county-owned stadium, are subject to disclosure under the Right to Know Law.

The court defined “government function” as any “non-ancillary undertaking of government” — a definition the court acknowledged was vague and would be clarified in future cases.

Background

SWB Yankees LLC is a private company that operates and manages the minor league baseball stadium in Scranton under a contract that it has with a county agency, the Multi-Purpose Stadium Authority of Lackawanna County.

Gretchen Wintermantel, a reporter for The Times-Tribune, requested records of the bids that SWB Yankees received for concessions at the stadium. SWB Yankees refused to turn over the records, claiming it was a private company not subject to the Right to Know Law.

Supreme Court decision

The court ruled that a broad definition of “government function” is appropriate and most consistent with the purpose of the Right to Know Law — giving citizens access to information concerning the activities of government. While operating a baseball stadium may not be a traditional government function, the court noted that the government has undertaken many functions – including liquor sales and gambling – that are not traditionally functions of government.

The stadium authority was created for the purpose of managing and operating a baseball stadium. It had delegated that function to SWB Yankees, and that company’s efforts to hire a concessionaire were central to that function.

As the court explained, the concessions contract was a “non-ancillary undertaking of government.” The court noted that future cases would determine which government functions are “non-ancillary,” but noted that such functions must relate to “some substantial facet of the agency’s role and responsibilities” and not mere “routine services.”