Morning Call, Inc. v. Lower Saucon Township

In Morning Call, Inc. v. Lower Saucon Township, 156 Pa. Commw. 397, 627 A.2d 297 (Pa. Cmwlth. 1993), a newspaper requested to examine and inspect a settlement agreement between the township and private party. The agreement settled a federal civil rights action, which was based upon the alleged conduct of the township's police officers. The terms of the settlement agreement provided for the township to pay the deductible to its insurance carrier which in turn compensated the plaintiff. The township refused the newspaper's request, asserting that the agreement was not a "public record." On appeal, we determined that the settlement agreement was a "public record" for the purposes of the Law. The Court explained: Here, the Township signed the Settlement Agreement, making it obligated to pay the entire settlement if its insurance carrier failed to do so. For that reason alone, the document is a public record. Not only did the Settlement Agreement make the Township obligated to satisfy the plaintiff's claim if the insurance carrier did not, the Settlement Agreement obligated it to make an appropriation of public money. It required the Township to pay the plaintiff the Five Thousand Dollars ($ 5,000) that the insurance company was not obligated to pay under the terms of the insurance policy. Paying the money to the insurance carrier and not directly to the plaintiff does not change the fact that it was used to satisfy the Township obligation, and, 'laundering' it through the insurance carrier does not somehow change the character of those funds from public to private. Because it obligates the Township to disburse public funds to satisfy an obligation, the Settlement Agreement is a public record and subject to public inspection and copying. Morning Call, 627 A.2d at 300-01.