Opinion: A foot in the door
April 18, 2009
OPINION
The Philadelphia Inquirer
Pennsylvania's new open-records law has been anything but open since it took effect in January. And the blame starts at the top.
The situation has become so bad that Terry Mutchler, executive director of the state Office of Public Records, shared her concerns with Gov. Rendell in a very telling letter last month. It seems that the biggest scofflaws have been top state officials who have refused to comply with the new mandate.
Mutchler told the governor that lawyers in Rendell's office had advised every state agency to ignore her calls and insist that all requests be put in writing. She described their action as an "anti-open-government spirit."
The officials are violating the intent of the law, which clearly states that all state, county, and local government records are public unless specifically exempted.
Passed by the legislature last year, the law was signed by Rendell. He then appointed Mutchler to oversee the office that was supposed to bring a sea change to Pennsylvania.
For years, Pennsylvania had one of the worst public-records laws in the country. While the new policy has shortcomings, it was a step in the right direction.
In addition to skirmishes with agencies over records, Mutchler - a former reporter who is a lawyer - has clashed repeatedly with the Rendell administration. Her office has received nearly 300 appeals and issued 75 rulings.
This week, her office ruled against the state, finding that a reporter could use his own equipment to photocopy thousands of Department of Corrections documents. The agency had wanted to charge $8,750 for the service.
Her requests to conduct training sessions with open-records officers in all state agencies have been denied. Until recently, her office had also been excluded from meetings in which state lawyers were discussing how to interpret the new law.
That left Mutchler, who previously oversaw public access in Illinois, to conclude that some agencies were using the right-to-know law as a shield to block public access.
While Rendell has publicly supported open public records, his actions said otherwise when Mutchler complained. He initially delayed sending a memo directing all state agencies to cooperate with her office.
Rendell finally intervened last week, coincidentally the same day that The Inquirer published excerpts from Mutchler's letter. He sent the memo and cited an executive order issued by President Obama on public records, which told federal agencies that "in the face of doubt, openness prevails."
The governor should have stepped in sooner to offer much-needed leadership and send a clear message to his staff that they were out of line.
There are some encouraging signs that the culture in Harrisburg may be changing. Meetings have been scheduled, and there's a new push by both sides to implement the law. That's good. It's time to get past the "growing pains," to use Mutchler's words, and really open up the government to some sunshine.
The Philadelphia Inquirer
Pennsylvania's new open-records law has been anything but open since it took effect in January. And the blame starts at the top.
The situation has become so bad that Terry Mutchler, executive director of the state Office of Public Records, shared her concerns with Gov. Rendell in a very telling letter last month. It seems that the biggest scofflaws have been top state officials who have refused to comply with the new mandate.
Mutchler told the governor that lawyers in Rendell's office had advised every state agency to ignore her calls and insist that all requests be put in writing. She described their action as an "anti-open-government spirit."
The officials are violating the intent of the law, which clearly states that all state, county, and local government records are public unless specifically exempted.
Passed by the legislature last year, the law was signed by Rendell. He then appointed Mutchler to oversee the office that was supposed to bring a sea change to Pennsylvania.
For years, Pennsylvania had one of the worst public-records laws in the country. While the new policy has shortcomings, it was a step in the right direction.
In addition to skirmishes with agencies over records, Mutchler - a former reporter who is a lawyer - has clashed repeatedly with the Rendell administration. Her office has received nearly 300 appeals and issued 75 rulings.
This week, her office ruled against the state, finding that a reporter could use his own equipment to photocopy thousands of Department of Corrections documents. The agency had wanted to charge $8,750 for the service.
Her requests to conduct training sessions with open-records officers in all state agencies have been denied. Until recently, her office had also been excluded from meetings in which state lawyers were discussing how to interpret the new law.
That left Mutchler, who previously oversaw public access in Illinois, to conclude that some agencies were using the right-to-know law as a shield to block public access.
While Rendell has publicly supported open public records, his actions said otherwise when Mutchler complained. He initially delayed sending a memo directing all state agencies to cooperate with her office.
Rendell finally intervened last week, coincidentally the same day that The Inquirer published excerpts from Mutchler's letter. He sent the memo and cited an executive order issued by President Obama on public records, which told federal agencies that "in the face of doubt, openness prevails."
The governor should have stepped in sooner to offer much-needed leadership and send a clear message to his staff that they were out of line.
There are some encouraging signs that the culture in Harrisburg may be changing. Meetings have been scheduled, and there's a new push by both sides to implement the law. That's good. It's time to get past the "growing pains," to use Mutchler's words, and really open up the government to some sunshine.
