From the Hotline

By Legal Department
Pennsylvania Newspaper Association

Q: Are settlement agreements between a public agency and a private third party public records? 

A: Yes. The Pennsylvania appellate courts have addressed this issue a number of times and have made it clear that settlement agreements between agencies and third parties are public records. This is true even when the agreement contains a “confidentiality” provision requiring the parties to keep the document or information confidential. The courts have held that such provisions are unenforceable as they relate to public agencies and that agencies cannot “contract away” the public’s right to know.

In a recent case concerning a settlement agreement, the Commonwealth Court ordered a school district to pay over $8,800 in attorneys’ fees to the New Castle News after the school district unreasonably denied access to such an agreement. To view the New Castle News opinion:
[CLICK HERE]

Please contact the legal hotline at (717) 703-3080 if you would like copies of opinions from other settlement agreement cases or if you need any additional information.

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PNA Legal Hotline: (717) 703-3080