HARRISBURG, Pa.–Governor Wolf announced Monday that the executive director of the Office of Open Records can keep his job–at least for now.
Wolf said Erik Arneson can return as director of the Office of Open Records until the state Supreme Court hears his appeal of a court ruling saying the administration should reinstate Arneson to the job.
Last week the Commonwealth Court ruled Wolf had overstepped his authority when he fired Arneson.
In January– Wolf removed Arneson, who had been enlisted by outgoing Governor Tom Corbett, to lead the open records office. Wolf cited state precedent when he ousted the longtime Republican Senate aide.
Arneson’s lawyers argued that the Open Records Office is quasi-judicial, and therefore Wolf acted beyond his authority when he terminated Arneson. They also cited the six-year term that outlasts a single gubernatorial term and the need to maintain a separation of powers within government.
The Commonwealth Court judges ruled in a 4-to-3 decision last Wednesday that Wolf overstepped his authority. The court ordered that Arneson be restored to his position with benefits and back pay.
In a statement, Wolf said:
“My administration will reinstate Erik Arneson as executive director of the Office of Open Records pending the Supreme Court’s review of our appeal to restore the executive authority of the governor. Openness and transparency is a top priority for me as governor, and in taking this step, I hope and expect that Mr. Arneson will join us in achieving these goals. We will pursue our appeal with the state’s Supreme Court because we believe that in its ruling, a 4-3 majority of the Commonwealth Court improperly eroded the governor’s executive authority under the Pennsylvania constitution. This ruling is inconsistent with previous case law and President Judge Pellegrini, in his dissent, described the majority opinion as ripping holes in the constitutional powers of the governor, leaving governors with ‘swiss cheese executive authority.’ Therefore, my administration will move forward to ask the Supreme Court to restore the proper balance of constitutional powers.”