Terry Mutchler Quoted in The Legal Intelligencer

March 16, 2022

Terry Mutchler, the chair of Obermayer’s Transparency and Public Data Practice, was quoted in The Legal Intelligencer in connection with recent developments in the case of Muth v. Public School Employees’ Retirement Board. In the article, titled “Court Clears the Way for Pennsylvania State Senator to Seek Public-Pension Records,” published on March 15, 2022, Terry, who represents Pennsylvania Sen. Katie Muth, said that to the best of her knowledge, the case marks the first time in the United States that a board member of a pension fund has had to file a suit to obtain records. Muth sought to obtain records about the Public School Employees’ Retirement System (PSERS) real estate investments on the grounds that she needed to be fully informed about PSERS activity to adequately perform her duties as a board member. 

In an opinion authored by Judge Michael Wojcik, the court cleared the way for Pennsylvania Sen. Katie Muth, D-Montgomery, to seek an order declaring that she has a right as a member of the PSERS board to access the document she requested.

“It defies both legality and common sense to say that someone can sit on a board … and not have basic records to make decisions,” said Terry.

Terry also explained that she has observed an uptick in pension funds across the country resisting attempts to access records.

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