Com. Charter Academy C.S. v. E. Epstein & Rock the Capital
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 23, 2026
Docket641-642 C.D. 2025
JudgeFizzano Cannon
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Commonwealth Charter : CASES CONSOLIDATED
Academy Charter School, :
Appellant :
:
v. :
: Nos. 641– 642 C.D. 2025
Eric Epstein and Rock the Capital : Submitted: July 24, 2026
BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE MATTHEW S. WOLF, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE FIZZANO CANNON FILED: October 23, 2026
In these consolidated matters, Commonwealth Charter Academy
Charter School (CCA) appeals from two April 17, 2025, orders of the Court of
Common Pleas of Dauphin County (trial court). The trial court’s orders denied
CCA’s appeals from the final determinations of the Pennsylvania Office of Open
Records (OOR), which had granted in part two appeals by Eric Epstein and Rock
the Capital (Requesters) from CCA’s response to Requesters’ April 2024 requests
for records pursuant to the Right-to-Know Law (RTKL).1 Upon review, we affirm.
I. Factual and Procedural Background
In April 2024, Requesters filed two multi-part requests for records from
CCA. Reproduced Record (R.R.) at 70a-83a & 186a-96a. Relevant to this appeal,
the “First Request,” filed on April 9, 2024, sought:
1
Act of February 14, 2008, P.L. 6, 65 P.S. §§ 67.101-67.3104.
12. [T]he RFPs [Requests for Proposals] for accounting
services, advertising services, actuarial services,
architecture services, food services, government relations,
legal services, marketing services, [and] transportation
services, for 2021, 2022, 2023, and 2024.
13. [T]he invoices and amount paid for accounting
services, architecture services, actuarial services,
advertising services, food services, government relations,
legal services, marketing services, and transportation
services for 2021, 2022, 2023, and 2024.
Id. at 147a.
The “Second Request” sought information specific to CCA’s legal
services and insurance contracts:
1a) [L]egal contracts [that CCA] has with individual
attorneys, solicitors, and law firms for fiscal years 2020,
2021, 2022, 2023, and 2024.
....
1c) [I]nvoices submitted to [CCA] and paid by [CCA] for
fiscal years 2021, 2022, 2023, and 2024.
....
16a)[2] [A]ll insurance contracts [CCA] has with insurance
carriers, including but not limited to General Liability and
Workers’ Compensation, for 2021, 2022, 2023, and 2024.
Id. at 255a-56a.3
2
The trial court, OOR, and parties refer to this request as “17a,” but the original request in
the record indicated that it is “16a.” R.R. at 195a. In the original request, Item 17a pertained to
CCA’s library budget and is not at issue in these appeals. Id. at 196a.
3
All other aspects of these two requests were either satisfied by CCA or are no longer in
dispute.
2
In May 2024, following a 30-day extension, CCA denied these requests
as insufficiently specific. R.R. at 148a & 256a. In early June 2024, Requesters
appealed to the OOR, which took no new evidence. Id. at 148a & 257a. In late July
and early August of 2024, the OOR issued its final determinations for the Requests.
R.R. at 145a-60a & 255a-65a. In both matters, the OOR concluded that Requesters’
requests were sufficiently specific and ordered CCA to provide the records at issue.
Id. at 152a, 159a, 259a-61a & 264a. CCA appealed both matters to the trial court in
August 2024. Id. at 162a-67a & 267a-73a. After several continuances, the trial court
held a hearing in both cases on April 15, 2025. Id. at 51a-63a.
Robert Datorre, CCA’s executive vice president, testified that CCA has
one open records officer, a paralegal who reports to him. R.R. at 52a. He explained
that CCA, a public cyber charter school, serves over 35,000 students across the state,
roughly one-third of whom require special education services; a higher percentage
of minority students than the statewide student population; and many students who
are homeless, pregnant, or parents. Id. He stated that CCA contracts with service
providers for the varied needs of its students, including school psychologists, special
education professionals, and various kinds of therapists. Id. at 53a-54a. He added
that as a cyber charter school, CCA also maintains a significant technology
investment. Id. at 54a.
Dattore stated that CCA’s main office is in Harrisburg, but it maintains
physical “family service centers” across the state for educational, administrative, and
social services. R.R. at 55a. The main office keeps records for central
administration, but many departments keep their own records that would not be
available at the main office, and the heads of those departments assist as needed with
RTKL requests. Id. at 55a-56a. He noted that it is often difficult for CCA to discern
3
and gather the requested material within the time parameters of the RTKL, which
gives only a 5-day response window followed by a one-time 30-day extension. Id.
at 58a. He averred that some of the requests here seek documents that pertain to an
unspecified “year,” which presents difficulties because CCA operates on a
school/fiscal year basis from July through June. Id. at 57a.
Datorre explained that Items #12 and #13 of the First Request sought
RFPs, invoices, and payment records for nine separate areas over four years. R.R.
at 58a. Each request sought documents that could come from multiple CCA
divisions and departments. Id. He stated that some RFPs are informal and others
are highly detailed. Id. For example, CCA receives legal services from its own
counsel, but also retains outside counsel for, inter alia, special education issues,
employment matters, and real estate and zoning matters, which require counsel from
multiple counties. Id. at 58a-59a. He noted that the First Request did not specify
what kinds of legal services Requesters sought information for, which made it vague
and difficult to address. Id.
As to the Second Request, Datorre acknowledged that, for example,
Item 16a sought all insurance contracts that CCA maintained over four years. R.R.
at 59a. He averred that CCA keeps multiple forms of insurance over different areas,
including general liability, workers’ compensation, health, dental, and vision
insurance for staff, automobile insurance for its vehicles, property insurance for its
properties across the state, cyber security insurance for its educational operations,
and technology insurance for its hardware and devices. Id. He stated that the request
did not specify which type of insurance Requesters sought information for and that
“we’d essentially have to go on a hunt throughout the entire school and all the
division presidents or chiefs to determine what types of insurance they may have
4
contracts of.” Id. He did not testify that it was impossible to fulfill the requests but
maintained that it was time-consuming and difficult to do so within the allotted time
because he and his records officer also have considerable other duties and
responsibilities. Id. at 59a-60a. He believed that the requests exceeded what the
legislature envisioned as practical and possible for responders when it created the
RTKL. Id. at 61a. The hearing concluded shortly thereafter.
On April 17, 2025, the trial court issued two identical orders denying
CCA’s appeals and ordering them to provide the materials requested in the relevant
requests. R.R. at 23a & 47a. CCA appealed to this Court, and the trial court
subsequently issued identical opinions relying on the OOR’s reasoning. Id. at 24a-
26a & 48a-50a. In a September 2025 order, this Court consolidated the two appeals.
See Order, Sept. 22, 2025. These matters are now ripe for disposition.
II. Issues
CCA argues that the requests at issue lack sufficient specificity and that,
as a whole, Requesters’ “limitless and indistinct requests for records amount to a
fishing expedition.” CCA’s Br. at 13-22. Requesters assert that CCA has acted in
bad faith in these matters such that attorneys’ fees are warranted. Requesters’ Br. at
18-20.
III. Discussion
Section 703 of the RTKL states that a request “should identify or
describe the records sought with sufficient specificity to enable the agency to
5
ascertain which records are being requested.”4 65 P.S. § 67.703. “An open-ended
request that gives an agency little guidance regarding what to look for may be so
burdensome that it will be considered overly broad.” Montgomery Cnty. v. Iverson,
50 A.3d 281, 283 (Pa. Cmwlth. 2012) (Iverson). The fact that a request is
burdensome, however, is not sufficient in and of itself to deem the request overbroad.
Dep’t of Env’t Prot. v. Legere, 50 A.3d 260, 265 (Pa. Cmwlth. 2012) (Legere).
When considering a specificity challenge, this Court employs a three-
part test focusing on “(1) the subject matter of the request; (2) the scope of
documents sought; and (3) the timeframe for which records are sought.” Pa. Dep’t
of Educ. v. Pittsburgh Post-Gazette, 119 A.3d 1121, 1124-25 (Pa. Cmwlth. 2015)
(Post-Gazette). The test is flexible and subject to case-by-case and contextual
application; no one factor is dispositive. See Off. of Dist. Att’y v. Bagwell, 155 A.3d
1119, 1145 (Pa. Cmwlth. 2017). For example, a request with broad subject matter
may be sufficiently specific if it is limited to a narrow scope and timeframe. See Pa.
Off. of the Governor v. Brelje, 312 A.3d 928, 937-38 (Pa. Cmwlth. 2024) (upholding
a request for all emails sent and received by two specific individuals over the course
of less than one month).
With regard to subject matter, a request must identify the “transaction
or activity” of the agency for which the record is sought and should provide a context
to narrow the agency’s search; the subject matter must be specific enough that the
request is not a “fishing expedition.” See Post-Gazette, 119 A.3d at 1125-26. When
a request identifies the area of interest with some level of detail, it is likely to meet
4
Where a RTKL appeal is taken from a court of common pleas, our review is limited to
“determining whether findings of fact are supported by substantial evidence, or whether the lower
court committed an error of law or abuse of discretion in reaching its decision.” Gray v. Phila.
Dist. Att’y’s Off., 311 A.3d 1230, 1236 n.8 (Pa. Cmwlth. 2024).
6
the test for this element. See Commonwealth v. Engelkemier, 148 A.3d 522, 531-33
(Pa. Cmwlth. 2016) (opining that a request pertaining to “liquor privatization” has a
“better chance of passing the specificity test” than a request for general or broad
terms). When the subject matter is overly generic, this element of the test will not
be met. See Iverson, 50 A.3d at 284 (rejecting request for emails using “incredibly
broad” search terms that provided insufficient context); Mollick v. Twp. of
Worcester, 32 A.3d 859, 871 (Pa. Cmwlth. 2011) (rejecting request for emails
“regarding any Township business and/or activities” because “it would place an
unreasonable burden on an agency to examine all its emails for an extended time
period without knowing, with sufficient specificity, [to] what Township business or
activity the request is related”).
Regarding scope, a request must identify “a discrete group of
documents, either by type . . . or by recipient.” Post-Gazette, 119 A.3d at 1125. The
request must seek “a clearly-defined universe of documents” that does not require
judgments to be made by the agency entertaining the request. Legere, 50 A.3d at
265; see also Iverson, 50 A.3d at 284 (rejecting a request that “does not identify
specific individuals, email addresses, or even departments, but requests any
applicable emails sent from the County’s domain to four other domains”); Pa. State
Police v. Off. of Open Recs., 995 A.2d 515, 517 (Pa. Cmwlth. 2010) (rejecting a
request seeking “any and all records, files or communications” about vehicle stops,
searches, and seizures conducted by state police).
Lastly, a request should identify a finite timeframe for which records
are sought. See Post-Gazette, 119 A.3d at 1126. This is the “most fluid” element
and is “generally dependent upon the specificity of the request’s subject matter and
scope.” Compare Legere, 50 A.3d at 265 (upholding a request spanning over four
7
years but seeking “a clearly defined universe of documents”), with Mollick, 32 A.3d
at 871 (rejecting a request seeking all emails between township supervisors
regarding any township business or activity for a period of one to five years).
Although the burdensomeness of a particular request “does not in itself
render it overbroad or insufficiently specific, the burden on agency, or lack thereof,
in responding to a request is a relevant factor to consider in the specificity analysis.”
Se. Pa. Transp. Auth. v. Anderson, 337 A.3d 575, 586 (Pa. Cmwlth. 2025) (SEPTA).
Relatedly, an agency’s “actual ability to search for, find, and produce responsive
documents identified in a request, although not controlling, constitutes evidence that
the request may be sufficiently specific, i.e., that the agency has a place to start and
knows what to look for.” Id. (emphasis added); see also Dep’t of Corr. v. St. Hilaire,
128 A.3d 859, 863 (Pa. Cmwlth. 2015) (St. Hilaire) (stating that “[t]he central
question in evaluating the adequacy of a request is whether the request sufficiently
informs an agency of the records requested”) (internal quotation marks omitted).
The fact that an agency’s way of organizing and maintaining its records may
contribute to its difficulty in fulfilling RTKL requests “should not be held against
the requester.” St. Hilaire, 128 A.3d at 865.
A. First Request
In the First Request, Requesters sought:
12. [T]he RFPs for accounting services, advertising
services, actuarial services, architecture services, food
services, government relations, legal services, marketing
services, [and] transportation services, for 2021, 2022,
2023, and 2024.
8
13. [T]he invoices and amount paid for accounting
services, architecture services, actuarial services,
advertising services, food services, government relations,
legal services, marketing services, and transportation
services for 2021, 2022, 2023, and 2024.
R.R. at 147a.
The trial court relied on the OOR’s final determination, which treated
these items together. R.R. at 25a-26a & 152a. The OOR concluded that although
these requests might have been burdensome, they were sufficiently specific because
they sought “discrete groups of documents (i.e. RFPs and invoices), relate[d] to
activities of CCA, and provide[d] a finite timeframe.” Id. at 152a.
CCA argues that these requests lacked sufficiently specific subject
matter parameters because they identified only “broad service areas” that
collectively “encompass most, if not all, of CCA’s non-instructional services, so
there was not much differentiation between this request and a request for ‘all agency
activity.’” CCA’s Br. at 19-20. CCA adds that Item 12 lacked a sufficiently limited
scope because, as Dattore testified, RFPs can range from informal to highly
structured and detailed and the request provided no details to assist CCA in
determining what was sought. Id. Given the breadth of documents in this request,
CCA asserts that four years is too long a timeframe to render the request feasible
within the RTKL’s short deadlines. Id.
Requesters reply that the First Request was sufficiently specific
because it listed the subject matter areas of interest, sought only two kinds of
documents (RFPs and invoices), and included a finite timeframe. Requesters’ Br. at
16-18. Requesters critique CCA’s argument that it is difficult to discern which
documents are RFPs because “RFP” has a commonly understood meaning among
government actors like CCA. Id.
9
We agree with the trial court and the OOR. There were nine subject
matter areas in these items, which is not a short list, and these areas may well
encompass the majority of CCA’s non-teaching operations. However, each area was
well-defined as to the “transaction or activity” in question. See Engelkemier, 148
A.3d at 531. The list was also the same for both requests. CCA has not asserted that
it cannot consolidate its review for responsive RFPs and invoices among the
corresponding departments in order to satisfy these requests. Thus, the subject
matter in these requests was appropriately framed.
The scope of these requests was also sufficiently limited to three types
of documents: RFPs, invoices, and payment records. R.R. at 147a. This is different
from cases like Iverson, where the request sought “any applicable emails sent from
the County’s domain to four other domains,” and Pennsylvania State Police, where
the request sought “any and all records, files or communications” pertaining to three
subject matter areas. Iverson, 50 A.3d at 284; Pa. State Police, 995 A.2d at 517.
This case is also different from In re Mazin (Pa. Cmwlth., No. 1126 C.D. 2022, filed
Apr. 21, 2025), slip op. at 9, 2025 WL 1157074, at *4 (unreported),5 where this Court
found overly broad a request for “all written correspondence” sent by anyone in the
school district to anyone in the Department of Education; the lack of a specific type
of document in the request led to its failure. Although Dattore averred that CCA’s
RFPs can vary in formality and detail, there is no indication in his testimony or this
record that either he or his records officer cannot distinguish what is or is not an
RFP. R.R. at 58a. The request here told CCA “what to look for” and was, therefore,
5
Under Section 414(a) of this Court’s Internal Operating Procedures, an unpublished
memorandum opinion of this Court issued after January 15, 2008, although not binding precedent,
may be cited for its persuasive value. 210 Pa. Code § 69.414(a).
10
sufficiently specific. SEPTA, 337 A.3d at 586, 589; St. Hilaire, 128 A.3d at 863.
Accordingly, the scope of these requests was suitably defined.
Lastly, the four-year timeframe in these requests was not unreasonable,
particularly in light of their sufficiently specific subject matter and scope. In Legere,
this Court upheld a request that encompassed a four-year period but sought “a clearly
defined universe of documents.” 50 A.3d at 265. Here, as in Legere, Requesters
sought RFPs, invoices, and payment records, which were clearly defined types of
documents within the listed subject matter areas, over a four-year period. R.R. at
147a. These requests may have been voluminous and even burdensome, but that
alone is not dispositive. Id. This case is unlike Mazin, where the requester sought a
broad scope of documents that could encompass over 20 years of records. Mazin,
slip op. at 10, 2025 WL 1157074, at *5; see also Mollick, 32 A.3d at 871 (concluding
that request for five years’ worth of “all emails” regarding “any Township business”
was insufficiently specific). Dattore stated that the First Request did not specify
whether the timeframe was for calendar years or fiscal years, but the Second
Request, which will be addressed below, specified that fiscal year records were
sought, which suggests that the First Request’s lack of such an indication meant that
calendar years were intended. See R.R. at 57a, 147a & 255a-56a.
Dattore stated that he works with only one records officer and that the
main business office does not keep all of CCA’s records, but he also testified that he
has access to the various “division presidents or chiefs” who report to him and
maintain records in the requested subject matter areas, and that “various staff within
the school will help support in locating records.” See R.R. at 56a & 59a. Moreover,
the decentralized nature of CCA’s recordkeeping practices does not absolve it of
disclosure if a request otherwise meets the three-part test. St. Hilaire, 128 A.3d at
11
865. Dattore also testified that whenever CCA denies a request as insufficiently
specific, “we always invite the requester to resubmit – to further define what they’re
looking for and resubmit.” R.R. at 59a. However, CCA’s responses to the requests
at issue here include no such language. See id. at 84a-93a & 197a-208a. Dattore
acknowledged that neither he nor the paralegal who assists him with RTKL requests
either called or wrote Requesters to seek clarification of these requests. See id. at
61a-62a. The overall import of Dattore’s testimony was not that CCA could not
figure out what was requested, but that the volume of the request made it difficult
and that he did not believe that the legislature intended to allow such extensive
requests within the permitted time period for a response. See id. at 58a-61a. The
volume of a request is certainly relevant. SEPTA, 337 A.3d at 586. However, it is
not dispositive, particularly when the request otherwise satisfies the specificity
requirements. Accordingly, the trial court did not err or abuse its discretion in
upholding the OOR’s determination that Items 12 and 13 of the First Request were
sufficiently specific.
B. Second Request
In the Second Request, requesters sought:
1a) [L]egal contracts [that CCA] has with individual
attorneys, solicitors, and law firms for fiscal years 2020,
2021, 2022, 2023, and 2024.
....
1c) [I]nvoices submitted to [CCA] and paid by [CCA] for
fiscal years 2021, 2022, 2023, and 2024.[6]
6
Although Item 1c was worded without indicating that the invoices sought were specific
to CCA’s legal services, it was a sub-request of Item 1, which focused on legal matters. CCA has
12
....
16a) [A]ll insurance contracts [CCA] has with insurance
carriers, including but not limited to General Liability and
Workers’ Compensation, for 2021, 2022, 2023, and 2024.
R.R. at 255a-56a.
The trial court relied on the OOR’s final determination. R.R. at 49a-
50a & 259a-61a. With regard to Items 1a and 1c, which sought CCA’s contracts,
invoices, and payments for legal services over four years, the OOR concluded that
although these requests might be burdensome, they were sufficiently specific
because they “identif[ied] discrete groups of documents, relate[d] to activities of
[CCA,] and provide[d] a finite timeframe.” Id. at 259a-60a. With regard to Item
16a, the OOR similarly acknowledged the potential volume of the request for all
insurance contracts within a four-year period but concluded that the request was
sufficiently specific because it sought “a clearly defined universe of responsive
records.” Id. at 261a.
CCA argues that the subject matter of Items 1a and 1c, which sought
legal services contracts, invoices, and payments for fiscal years 2020 through 2024,
without specifying any types of legal services, was vague and failed to account for
the complexity of state and federal laws CCA must contend with as well as its
varying statewide legal needs. CCA’s Br. at 21. Similarly, CCA avers that the
subject matter of Item 16a, which sought “all insurance contracts” for 2021 through
treated it as such and has not argued that it believed this request was for all invoices for any and
all transactions and operations that it conducted during the relevant time period. See CCA’s Br. at
21 (stating that “Items 1a and 1c of the Second Request broadly request contracts and invoices for
attorneys and law firms”). The OOR also treated Item 1c as specific to legal invoices despite its
lack of use of the term “legal.” See R.R. at 259a (stating that Items 1a, 1b (not at issue in this
appeal), and 1c of the Second Request “seek contracts, RFPs and invoices related to [CCA’s]
procurement of and payment for legal representation over four years”).
13
2024, failed to account for its extensive insurance needs as an educational institution,
employer, owner of vehicles and real estate, and a user and provider of technology.
Id. at 20-21. CCA also critiques these requests as designating fiscal years with
regard to the legal services in Items 1a and 1c but not using a similar designation for
the insurance contracts in Item 16a, which, according to CCA, creates confusion
about the appropriate responses. Id. at 22. Requesters respond that the requests at
issue met the elements of the test and that the trial court and OOR did not err in
upholding them. Requesters’ Br. at 16-18.
We agree with the trial court and the OOR. The subject matter of these
requests was limited to legal services for Items 1a and 1c and to insurance contracts
for Item 16a. Those areas may have encompassed multiple legal fields, but were far
more specific than, for example, the failed requests in Engelkemier for emails
pertaining to “the Governor” or “banking,” and in Mollick for emails regarding “any
Township business and/or activities.” Engelkemier, 148 A.3d at 531 & n.9; Mollick,
32 A.3d at 871.
These requests were for four types of documents: legal contracts, legal
invoices, payments for legal services,7 and payments for insurance contracts. This
was sufficiently limited in scope compared to requests this Court has rejected for
failure to identify at all the types of documents at issue. See Iverson, 50 A.3d at 284;
Pa. State Police, 995 A.2d at 517; Mazin, slip op. at 9, 2025 WL 1157074, at *5.
Lastly, the timeframes in these requests were not unreasonable, given
their sufficiently focused subject matter and scope. They may have been
7
CCA will not be required to disclose any records that would “divulge confidential client
communications or an attorney’s mental impressions, legal theories or analysis, notes, strategies,
and the like, which are protected by the attorney-client and work product privileges. Couloumbis
v. Senate of Pa., 300 A.3d 1093, 1103-04 (Pa. Cmwlth. 2023).
14
burdensome, but again, that alone is insufficient to reject a request. See Legere, 50
A.3d at 265. Although the legal services requests specified fiscal years and the
insurance contracts request did not, CCA has not explained why this would hinder
it from responding to each request as worded.
As noted, Dattore testified that he has access to the various “division
presidents or chiefs” who report to him and maintain records in the requested subject
matter areas that may not be available at CCA’s main office, as well as support staff
throughout the school’s departments who can help locate records. See R.R. at 56a
& 59a. Moreover, the decentralized nature of CCA’s recordkeeping practices does
not absolve it of disclosure if a request otherwise meets the three-part test. St.
Hilaire, 128 A.3d at 865. Dattore also testified that whenever CCA denies a request
as insufficiently specific, “we always invite the requester to resubmit – to further
define what they’re looking for and resubmit.” R.R. at 59a. However, the CCA’s
responses to the requests at issue here include no such language and Dattore
acknowledged that CCA did not reach out to Requesters to clarify the requests here.
See id. at 61a-62a, 84a-93a & 197a-208a.
As above, the overall import of Dattore’s testimony was not that CCA
could not figure out what was requested, but that the volume of the request made it
difficult and that he did not believe that the legislature intended to allow such
extensive requests within the permitted time period for a response. R.R. at 58a-61a.
The volume of a request is certainly relevant. SEPTA, 337 A.3d at 586. However,
it is not dispositive, particularly when the request otherwise satisfies the specificity
requirements. As such, the trial court did not err or abuse its discretion in upholding
the OOR’s determination that Items 1a, 1c, and 16a of the Second Request were
sufficiently specific.
15
C. Requests as a Whole
CCA asserts that beyond the specific requests in these appeals,
Requesters have repeatedly filed requests that are little more than “fishing
expeditions” to “frustrate and harass” public agencies like CCA with tasks “that
would unreasonably require a large expenditure of staff time and public money.”
CCA’s Br. at 16-18. CCA presents no authority for the premise that requests may
be rejected solely on the basis of their overall burden or volume. When this Court
has rejected a request, it is because that particular request failed to meet the three
elements of the test, not because it is part of a larger request. See, e.g., Askew v. Pa.
Off. of Governor, 65 A.3d 989, 992-994 (Pa. Cmwlth. 2013) (rejecting request that
was vague in scope, unlimited in time frame, and would require agency to conduct
legal research to determine whether a document fit within the request’s claimed
subject matter).
We see no reason to abandon this request-specific analysis for a
nebulous approach that would require our courts to tally up requests, including those
that may not even be in dispute, and weigh them against the resources of the agency
in order to arrive at a figure that might represent “too much.” Accordingly, CCA’s
argument on this issue is unavailing.
D. Attorneys’ Fees
Section 1304 of the RTKL authorizes trial courts to impose costs and
attorneys’ fees on an agency if the court “reverses the final determination of the
appeals officer or grants access to a record after a request for access was deemed
denied” by the agency. 65 P.S. §§ 67.1304(a). The trial court must make factual
findings of bad faith, described as “a willful and wanton disregard of access on the
16
agency’s part, an unreasonable interpretation of the law, or a frivolous appeal.”
Barkleyville Borough v. Stearns, 35 A.3d 91, 98 (Pa. Cmwlth. 2012) (tracking the
language of Section 1304(a)). However, our appellate rules state that “[i]ssues not
raised in the trial court are waived and cannot be raised for the first time on appeal.”
Pa.R.A.P. 302(a). Also, “[a]n appellee may not raise issues on appeal not raised by
the appellant except by filing a cross-appeal.” Sateach v. Beaver Meadows Zoning
Hearing Bd. of Appeals, 676 A.2d 747, 751 (Pa. Cmwlth. 1996).
Requesters assert that CCA “has a history” of denying requests with no
better rationale than that they would be burdensome to fulfill and that in at least one
prior case between these parties, the OOR sua sponte determined that CCA acted in
bad faith. Requester’s Br. at 18-20 (citing Epstein and Rock the Capital v.
Commonwealth Charter Academy, OOR No. 2025-0931 (Off. of Open Recs. Sept.
2, 2025). Accordingly, Requesters ask this Court to conclude that CCA has acted in
bad faith in these matters and to award corresponding attorneys’ fees. Id. CCA
responds that Requesters did not raise the issue of attorneys’ fees before the trial
court for fact-finding or in a cross-appeal to this Court and it is, therefore, waived.
CCA’s Reply Br. at 2
CCA is correct. Requesters did not seek attorneys’ fees on the basis of
CCA’s treatment of these requests before the trial court, particularly at the hearing
where both sides could present evidence in support of their issues. If Requesters had
done so and the trial court denied the request, Requesters would have been able to
appeal the denial to this Court for review in our appellate capacity. Because
Requesters failed to do so, their request for attorneys’ fees is waived.8
8
In the prior dispute between these parties, the OOR acknowledged that it lacked authority
to impose attorneys’ fees but recommended a finding of bad faith for when that matter reached a
17
IV. Conclusion
For the foregoing reasons, we conclude that the trial court did not err in
denying CCA’s appeals from the OOR’s determinations in these matters and
ordering CCA to provide the records at issue to Requesters. Accordingly, the trial
court’s April 17, 2025, orders are affirmed. Requesters’ demand for attorneys’ fees
is denied.
__________________________________
CHRISTINE FIZZANO CANNON, Judge
Judge McCullough dissents.
trial court. Epstein and Rock the Capital v. Commonwealth Charter Academy, OOR No. 2025-
0931, at *6-7. The OOR concluded that CCA “repeatedly ignored deadlines imposed by the OOR
and the RTKL,” “seemingly refused to address the OOR’s requests for clarification on issues
before the OOR,” and was generally “uncooperative” during that litigation. Id. The record in this
matter includes no similar examples of poor conduct on CCA’s part.
18
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Commonwealth Charter : CASES CONSOLIDATED
Academy Charter School, :
Appellant :
:
v. :
: Nos. 641–642 C.D. 2025
Eric Epstein and Rock the Capital :
ORDER
AND NOW, this 23rd day of October, 2026, the April 17, 2025, orders of the
Court of Common Pleas of Dauphin County are AFFIRMED. The request of Eric
Epstein and Rock the Capital for an award of attorneys’ fees is DENIED.
__________________________________
CHRISTINE FIZZANO CANNON, Judge