Carbondale Township v. Murray

In Carbondale Township v. Murray, 64 Pa. Commw. 465, 440 A.2d 1273 (Pa. Cmwlth. 1982), a newspaper reporter requested that the township make available to him the township's cancelled checks involving the road account and payroll account. The township asserted that it could not be compelled under the Law to provide access to its cancelled checks because they were retained by the bank and were not in the township's possession. The trial court ordered the township to authorize its bank to make copies of the checks available to the reporter on the basis that the cancelled checks, although in the possession of a second entity, were still subject to the township's control. On appeal, we affirmed. Carbondale. The Court stated that to conclude otherwise "would be permitting any governmental body to escape public scrutiny of its records by simply alleging that it no longer has possession of its public records." Id. at 1275.