Opinion: You have a right to know
February 15, 2009
And the Kurzmillers of Shrewsbury Township are exercising that right.
[York] Daily Record/Sunday News
One reason state lawmakers dragged their feet for so long in updating Pennsylvania's weak open records law was because they thought most voters didn't really care much about easy access to government documents.
Many legislators thought it was a "journalist issue" rather than a citizen issue.
But they were wrong about that.
Sure, reporters regularly make requests for documents that are -- or ought to be -- public.
But rank-and-file taxpayers have a stake in access to such documents as well -- and are willing to fight for them.
Even if they might not exist.
Meet the Kurzmillers -- Linda and Kurt of Shrewsbury Township.
They were among the first customers of the state's new Office of Open Records in Harrisburg.
In fact, when they visited the office in mid-January, it was still under construction.
But the couple, who own Superior Nurseries in Shrewsbury Township, were first in line to personally file an appeal under the new Right-to-Know law (actually, there was no line -- and technically, they were fifth, as four other appeals had previously been filed by mail).
Still, as deputy director of the office, Barry Fox, said, they showed initiative.
Their appeal stems from Mr. Kurzmiller's request last year for IRS forms from 2004 to 2007 for EML Codes Enforcement, which is owned by E. Michael Lee, a Stewartstown-based contractor.
Shrewsbury Township supplied all the IRS forms except for one from 2004.
The township insists the form doesn't exist. Officials say the forms for 2005 to 2007 were created by mistake, and that's why they can't provide the Kurzmillers with the 2004 form.
The Kurzmillers don't buy it.
It's a complex situation, and it will be interesting to see how the state records referees handle it. Will they, perhaps, order a search of the township office and computers? Will they simply accept the township's assertion that they have all these other tax forms but not this particular one?
Leaving aside for now the validity of the request, it's encouraging to see regular people making use of this new, better Right to Know law.
The first six appeals filed at the office were also from citizens, not journalists -- just as we suspected would be the case.
The records compiled by government officials are owned by taxpayers, not bureaucrats -- who for too long have acted as if they're doing people a favor by allowing access to documents that allow the people to monitor their government.
That's as it should be.
Whether or not their appeal turns out to be valid or successful, we salute the Kurzmillers for being trailblazers.


