Ruben M. Collazo v. Pennsylvania Gaming Control Board

Summary

The Pennsylvania Commonwealth Court affirmed the Office of Open Records’ determination upholding the Pennsylvania Gaming Control Board’s denial of Ruben M. Collazo’s Right-to-Know Law request. The court held that the requested records concerning the Board’s purported complete control over gaming did not exist, that the requester could not modify his request on appeal, and that lists of questions do not constitute record requests under the RTKL.

Holdings

1. A requester may not change the nature of a Right-to-Know Law request after filing it; the request is fixed when submitted to the agency.
2. A list of questions is not a request for records under the Right-to-Know Law, and the Office of Open Records is not authorized to refashion questions into a records request.
3. The Board met its burden of proving that it did not possess records responsive to Collazo's request because the requested records showing complete control over Pennsylvania casinos did not exist.

Questions Presented

1. Whether Collazo could modify the nature of his Right-to-Know Law request during the appeal before the Office of Open Records or the Commonwealth Court.
2. Whether a list of questions constituted a request for records under the Right-to-Know Law.
3. Whether the Gaming Control Board met its burden to establish that the requested records did not exist or were not in its possession, custody, or control.

Disposition

affirmed