Pennsylvania officials fret over beginning of open records law
October 07, 2008 New RTK Law | Office of Open Records
By RICHARD FELLINGER | (Chambersburg) Public Opinion Harrisburg Bureau
As state officials prepare to oversee a new open records law, senators sought assurances Monday that the law will not burden local governments or lead to more identity theft.
Terry Mutchler, director of the fledgling Office of Open Records, met with the Senate State Government Committee to discuss the law that takes full effect Jan. 1.
The new law, the first major change to a 1957 records law that was considered among the nation's weakest, declares that all records of local government and the state's executive branch are public beyond a list of exemptions. The law typically affects taxpayer groups, journalists and candidates for public office.
Mutchler said her office will soon have interim regulations ready so that local officials know how to handle requests for government records. As part of those rules, her office will set the fees that governments can charge for copying records.
Mutchler also expects to have an eight-person staff on board in January when it becomes the office responsible for mediating disputes over records requests. She expects most disputes to be over financial records, such as contracts and budget items.
"We will clearly be ready by Jan. 1," Mutchler said.
Yet state senators expressed concern about the law causing unintended problems.
Sen. Terry Punt, R-Waynesboro, said he's concerned the release of more information will lead to identity theft. He asked how Mutchler's office intends to handle disputes over the release of personal information such as Social Security numbers.
Mutchler said the law makes it clear that certain personal information is not public, and should be redacted if it's on a document that is public. In addition to Social Security numbers, exemptions include drivers license numbers, personal phone numbers, personal financial information and constituent requests to lawmakers.
Mutchler's office is conducting training sessions for government officials and news staffs, and has started a new Web site to inform people how the new law will work at http://openrecords.state.pa.us.
Sen. Michael Brubaker, R-Lancaster, asked if the new regulation on copying fees will allow governments to include staff salary for voluminous requests. Mutchler said her office is leaning against it.
Mutchler, who held a similar job in Illinois before accepting the Pennsylvania job in April, said copying fees are among the most abused aspects of most records laws and her office is approaching the issue carefully.
Committee Chairman Jeff Piccola, R-Dauphin and York counties, sought assurances that the Open Records Office will remain independent, and that Mutchler not be influenced by anyone as she hires staff and prepares to oversee the new law.
Mutchler said she has not been influenced by anyone and considers the office's independence "paramount."
"I think this is a good law. I think it is a sea change in Pennsylvania for open government," Mutchler said.
© 2008 Public Opinion — Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
As state officials prepare to oversee a new open records law, senators sought assurances Monday that the law will not burden local governments or lead to more identity theft.
Terry Mutchler, director of the fledgling Office of Open Records, met with the Senate State Government Committee to discuss the law that takes full effect Jan. 1.
The new law, the first major change to a 1957 records law that was considered among the nation's weakest, declares that all records of local government and the state's executive branch are public beyond a list of exemptions. The law typically affects taxpayer groups, journalists and candidates for public office.
Mutchler said her office will soon have interim regulations ready so that local officials know how to handle requests for government records. As part of those rules, her office will set the fees that governments can charge for copying records.
Mutchler also expects to have an eight-person staff on board in January when it becomes the office responsible for mediating disputes over records requests. She expects most disputes to be over financial records, such as contracts and budget items.
"We will clearly be ready by Jan. 1," Mutchler said.
Yet state senators expressed concern about the law causing unintended problems.
Sen. Terry Punt, R-Waynesboro, said he's concerned the release of more information will lead to identity theft. He asked how Mutchler's office intends to handle disputes over the release of personal information such as Social Security numbers.
Mutchler said the law makes it clear that certain personal information is not public, and should be redacted if it's on a document that is public. In addition to Social Security numbers, exemptions include drivers license numbers, personal phone numbers, personal financial information and constituent requests to lawmakers.
Mutchler's office is conducting training sessions for government officials and news staffs, and has started a new Web site to inform people how the new law will work at http://openrecords.state.pa.us.
Sen. Michael Brubaker, R-Lancaster, asked if the new regulation on copying fees will allow governments to include staff salary for voluminous requests. Mutchler said her office is leaning against it.
Mutchler, who held a similar job in Illinois before accepting the Pennsylvania job in April, said copying fees are among the most abused aspects of most records laws and her office is approaching the issue carefully.
Committee Chairman Jeff Piccola, R-Dauphin and York counties, sought assurances that the Open Records Office will remain independent, and that Mutchler not be influenced by anyone as she hires staff and prepares to oversee the new law.
Mutchler said she has not been influenced by anyone and considers the office's independence "paramount."
"I think this is a good law. I think it is a sea change in Pennsylvania for open government," Mutchler said.
© 2008 Public Opinion — Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
