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Washington County commissioners authorize appeal of open-records ruling for tourism agency
Summary
The county authorized special counsel Peacock Keller to appeal a Pennsylvania Office of Open Records determination that the Washington County Tourism Promotion Agency is not subject to the Right-to-Know Act after heated debate about whether the agency had provided requested financial records.
The Washington County Board of Commissioners voted Wednesday to authorize the county solicitor to retain Peacock Keller as special counsel and file an appeal in Washington County Court of Common Pleas of a Pennsylvania Office of Open Records determination that the Washington County Tourism Promotion Agency is not subject to the Pennsylvania Right to Know Act.
The motion to retain Peacock Keller passed on a 2-1 roll call after a prolonged exchange between commissioners over whether the county had been given requested financial documents from the tourism agency. Commissioner Maggi voted no; Commissioner Janice and Commissioner Sherman voted yes.
The dispute began when a commissioner said the county had made "multiple attempts" over four months to obtain detailed financial documentation — including salaries, consultant payments and percentages spent on administration versus tourism — and had received no responsive records. "I've asked for specific financials, and he has not provided them," the commissioner said during the meeting.
Another commissioner disputed that account, saying the county has audits on file going back 20 years and that staff had been contacted to arrange meetings. "We have audits on file," that commissioner said. "What you're saying is just not true." The exchange included heated language on the floor but no change to the motion after attempts to table it failed.
During the debate a commissioner asked about legal costs. A county official said Peacock Keller is contracted at $200 per hour for specific legal assignments.
The solicitor's authorization requested in the agenda directs the solicitor to retain Peacock Keller to file the appeal of the Office of Open Records determination dated Aug. 5, 2025, which concluded the tourism promotion agency is not subject to the Right to Know Act. The motion as approved instructs the solicitor to proceed with filing in the Washington County Court of Common Pleas.
Votes at a glance
- Motion to authorize solicitor to retain Peacock Keller to file an appeal of the Pennsylvania Office of Open Records determination (motion: authorize solicitor to retain Peacock Keller to file appeal): Passed, 2–1. Roll call: Commissioner Maggi — No; Commissioner Janice — Yes; Commissioner Sherman — Yes.
No additional details about the scope of the appeal or a budget authorization for the litigation were specified on the record. Commissioners said follow-up meetings and paperwork would be arranged through the chief clerk's office.
The board took no other formal action specifically tied to the tourism agency during the meeting. The county will proceed with the appeal as authorized; additional procedural steps and any contract documents for Peacock Keller were not read into the record.
