HARRISBURG − March 15, 2022 − In an opinion filed earlier today, Commonwealth Court unanimously overruled all seven of the preliminary objections filed by the Pennsylvania Public School Employees Retirement System (PSERS) in their continued fight to prevent access to fund records and documents to State Senator Katie Muth, a member of the PSERS Board of Trustees.
The opinion was drafted by Judge Michael H. Wojcik with Judge Anne E. Covey and Judge Ellen Ceisler supporting the motion to overrule PSERS preliminary objections. The Court voted 3-0 to overrule PSERS preliminary objections.
“It is appropriate that during Sunshine Week in Pennsylvania, Commonwealth Court has sided with transparency in government and unanimously overruled the baseless preliminary objections filed by PSERS,” Muth said. “Based on today’s decision, it is incumbent on PSERS to act. Pennsylvania’s current and retired public school employees deserve informed representation on the Board of Trustees and we should not continue to vote on hundreds of millions of dollars of investment proposals without full access to records, documents and research.”
In the opinion, the Court specifically rejected PSERS’ request to dismiss former Executive Director Glen Grell, Board of Trustees Chairman Chris Santa Maria, and the Board from the Suit.
“All three parties played, and continue to play, a direct role in prohibiting Senator Muth’s access to requested records,” the Court stated.
The Court has now directed PSERS to file an Answer to the Petition for Review within 30 days of this Order.
Senator Muth initially filed a complaint in Commonwealth Court in June 2021 seeking to require PSERS to provide information necessary to legally perform her fiduciary duties as a member of the PSERS Board of Trustees.