Judge orders release of university foundation records…

From the erstwhile Student Press Law Center:

A state court judge on Monday ordered the releaseof East Stroudsburg University Foundation’s donation records, placing a hopeful capstone on a 2-year public records battle.

In February 2009 The Pocono Record, a regional paper in Pennsylvania, filed a public records request for funding information from the East Stroudsburg University Foundation in connection with the paper’s investigation of an ESU official suspected of sexual and financial impropriety.

The ESU Foundation is a nonprofit organization that collects private gifts and grants for the university.

The Record argued that the foundation’s files were subject to Pennsylvania’s Right to Know Law because the foundation performed government functions for the university and was a state-affiliated entity.

The university and foundation denied the request, however, arguing that the foundation was exempt because it is an independent contractor.