Dages v. Carbon County
Commonwealth Court of Pennsylvania
No. 1415 C.D. 2011
March 20, 2012
The Commonwealth Court affirmed the final determination of the Office of Open Records (“OOR”) by holding that requested records were exempt from disclosure because they were protected by the attorney-client privilege.
Background
Robert Dages wrote a letter to the chairperson of the Carbon County Board of Commissioners (“board”) stating that the commissioners did not have the power to authorize a business park project and compete with private businesses. Dages requested “case law” that the chairperson had previously cited in support of the board’s actions.
The chairperson denied his request.
Dages followed up by making a formal Right to Know Law (“RTKL”) request for the case law.
The board again denied the request, stating that the requested information was not a public record because, among other things, it was protected by the attorney-client privilege.
On appeal, the county filed affidavits from both the chairperson and the county solicitor — the one who researched the case law — demonstrating the attorney-client relationship. The OOR ruled that the records were privileged, and the trial court affirmed that ruling.
Dages then appealed to the Commonwealth Court.
Commonwealth Court Decision
On appeal, the Commonwealth Court held that the requested records were exempt because they were privileged.
The court explained that the board’s chairperson asked the solicitor to conduct legal research on the business park project. The solicitor then performed that research and reported back to the chairperson in confidence.
As a result, the communications and research performed by the solicitor were protected by the attorney-client privilege.
▪ March 20, 2012 — Commonwealth Court Opinion — No. 1415 C.D. 2011