Washington County commissioners are preparing to decide whether to appeal a recent judicial ruling that the county’s Tourism Promotion Agency is not subject to the Pennsylvania Right to Know Law. In a 27‑page order dated July 29, Washington County Court of Common Pleas Judge Michael Lucas concluded the agency, a nonprofit that receives about $2.5 million annually from hotel tax revenue, does not qualify as a government entity.
Judge’s reasoning
Judge Lucas wrote that the state legislature expressly authorized counties to request audits and financial statements from designated tourist promotion agencies, but that language did not intend to make those agencies “local agencies” subject to open‑records requirements. He cited the Commonwealth Court’s view that nonprofit corporations do not become government agencies merely because they receive public funds.
Commissioners’ response
County officials filed the original open‑records request in April, seeking detailed financial documents from the tourism agency. The agency declined, noting it had already provided two decades of audited financial statements. After the Office of Open Records also denied the request on August 5, the commissioners turned to the courts.
During a Tuesday workshop meeting, the commissioners initially removed the appeal from the agenda, but Commissioner Larry Maggi later confirmed a motion to appeal would be placed on Thursday’s agenda. County solicitor Gary Sweat reminded the board that they have until August 28 to file an appeal with the Commonwealth Court.
Financial stakes
The tourism agency’s budget is derived more than 90 % from hotel tax revenue. In December, Commissioners Nick Sherman and Electra Janis voted to change the distribution of that tax, allocating 75 % to a joint account requiring joint approval, 20 % to the agency, and 5 % for administrative fees.
To handle the appeal, the commissioners hired the law firm Peacock Keller at $200 per hour. To date, the effort has cost about $30,000 and is expected to rise as the case proceeds through the Commonwealth Court.
Local business reaction
Jeff Kotula, president of the Washington County Chamber of Commerce and the Tourism Promotion Agency, welcomed the court’s decision but expressed concern over the potential appeal. He argued that taxpayers should not be asked to fund further legal battles when the agency has already supplied the required audits.
“Every taxpayer and tax‑paying business in Washington County should be outraged at the continued waste of county dollars on this appeal,” Kotula wrote. “Instead of spending money on lawsuits, the county could invest in parks, local events, or a youth sports complex.”
Next steps
The commissioners are scheduled to meet Thursday at 10 a.m. in the public meeting room of the Crossroads Center building, 95 W. Beau St., to consider the appeal motion. The outcome will determine whether the county must pursue further legal action to obtain the agency’s financial records, a decision that could set precedent for other Pennsylvania counties that fund similar nonprofit tourism entities.
Original reporting: Herald-Standard – latest news for Uniontown, Pennsylvania — read the source article.
