News from Second and State

October 30, 2015

Weekly Wrap:

This week’s big news is as easy as ABC: we’ve got lots of things to report on including the Office of Open Records Chief Eric Arneson, the State budget and a special committee established in the State Senate.

Starting with “A”: the much anticipated decision from the Supreme Court in the case of Arneson v. Wolf was delivered this week, with the court finding that Gov. Wolf did not have the authority to remove Erik Arneson from his post as Executive Director of the Office of Open records without cause. Arneson had been appointed to the post in the waning days of the Corbett administration, only to be removed by Wolf shortly after his inauguration. The high court ultimately acknowledged that under the State’s Right to Know Law, “the OOR is a unique, independent agency charged with the delicate task of applying the Right to Know Law,” and there is a need to “insulate the OOR and its Executive Director form the potential for coercive influence from a governor to accomplish the purpose of the Right to Know Law.”

Worth Another Look: Special Committee on Senate Address

Yesterday, the State Senate assembled a special committee to investigate Attorney General Kathleen Kane’s competency to carry out the duties of her office. In August, Kane was charged with perjury, false swearing, obstructing the administration of law and abuse of office/official oppression, and her law license was suspended just last week.

All of this has called into question Kane’s ability to effectively serve as the State’s highest ranking law enforcement official, and whether or not she should be removed from office. The Pennsylvania Constitution provides two processes to remove a public official from office: impeachment under Article VI, Sections 4, 5 and 6, or removal by the Governor upon recommendation of the Senate under Article VI, Section 7.