Communications between government agency board members and accounting firms contracted to conduct an audit of the agency at issue will not be considered discoverable public records, a Lackawanna County Court of Common Pleas judge has ruled in an issue of first impression.
Judge Terrence R. Nealon held that although the audit was a mandatory requirement of the agency, the firm had not performed a principal “governmental function” of the agency, and therefore the documents were not discoverable under the Right-to-Know Law. He made the ruling in Brian T. Kelly and Associates v. Northeastern Educational Intermediate Unit on Feb. 12.
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