Pennsylvania Freedom of Information Act. Request: Pennsylvania Freedom of Information Act. Request: Pepsi and Coke (University of Pittsburgh)

Kayla Henson filed this request with the University of Pittsburgh of Pennsylvania.

It is a clone of this request.

Multi Request Pennsylvania Freedom of Information Act. Request: Pennsylvania Freedom of Information Act. Request: Pepsi and Coke
Submitted Jan. 21, 2023
Status
Rejected

Communications

From: Kayla Henson

Subject: Pennsylvania Right to Know Act Request: Pennsylvania Freedom of Information Act. Request: Pennsylvania Freedom of Information Act. Request: Pepsi and Coke (University of Pittsburgh)

Mail

To Whom It May Concern:

Pursuant to the { Pennsylvania Freedom of Information Act. }, I hereby request the following records:

- A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.
- If the contract(s) was cancelled, any and all materials related to its cancellation.
- If the contract was cancelled, the statement from the university about cancellation.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within { 5 days }.

Sincerely,

{ Kayla Henson }

From:

Subject: PA RTK Request - University of Pittsburgh

Email

Hello Kayla,

Your attached request has been brought to my attention. The University of Pittsburgh - of the Commonwealth System of Higher Education ("Pitt") respectfully declines to provide such information as no applicable federal or state open records law requires Pitt to provide you with the information requested.

The Freedom of Information Act (5 U.S.C. §552) is a federal law which provides for the release of documents maintained by federal agencies. It does not apply to state-related universities. Similarly, the Pennsylvania Right-to-Know Law (65 P.S. §67.101, et seq.) specifically exempts state-related universities such as Pitt from the definition of Commonwealth agencies. Therefore, Pitt is not subject to the same open records requirements of other public institutions. See, e.g., Mooney v. Board of Trustees at Temple University, 448 Pa. 424, 292 A.2d 395 (1972); Roy v. Pennsylvania State University, 130 Pa. Cmwlth. 468, 568 A.2d 751 (1990).

Please direct any further inquiries regarding this matter to my attention.

Sincerely,

Amy

Amy Lindenfelder
Assistant Legal Counsel
University of Pittsburgh
Office of University Counsel
2400 Cathedral of Learning
4200 Fifth Avenue
Pittsburgh, PA 15260
412-383-2789
aml255@pitt.edu<mailto:aml255@pitt.edu>

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