PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

Opinion: Sun still not shining in state Capitol

OPINION

Centre Daily Times

This was supposed to be a year of sunlight in Harrisburg, with the new open-records law taking effect and a state open-records czar and her staff working to make sure citizens have access to their government.

But a funny thing has happened in the Keystone state, leaving us wondering whether there’s been any difference in the same old, same old way of operating at the state Capitol.

There are two major concerns, and we’ll start with open records, or should we say not-so-open records.

Of all people, the executive director of the state’s Office of Public Records recently wrote to Gov. Ed Rendell to tell him his administration appears to have an “anti-open-government spirit.”

Terry Mutchler, the director, was appointed by Rendell and has hired a staff of attorneys to review requests for government records under the terms of the new law.

Clearly frustrated, she made her concerns public with a letter that got widespread attention and called on Rendell to make sure his administration gets with the program.

“Some agencies ... are using the Right-to-Know law as a shield with which to block information rather than a tool with which to open records of government,” she wrote.

She also noted that she has yet to meet with Rendell’s Cabinet secretaries, which she requested at hiring, and has been denied a chance to conduct training sessions with open-records officers in state agencies.

Maybe this isn’t all surprising, given Harrisburg’s culture of keeping its own comfortable, but it is disappointing from a governor who talked a good game on open records but apparently has failed to deliver.

Rendell’s spokesman Chuck Ardo countered by saying the differences between Mutchler and the administration are “procedural and not substantive.”

Ardo said Rendell hasn’t sent out a directive to Cabinet secretaries because “everybody in the administration already knows the governor’s view on open records and transparency in government.”

Oh really? Perhaps Ardo should speak to the governor’s own appointee, who works for citizens who seek government access. We’d be interested in that conversation.

There’s another concern regarding public information, and that’s taking place in the state Senate as a bill is advancing that would allow local governments to post their public notices on their own Web sites, rather than in newspapers like this one.

A bill introduced by Sen. Bob Robbins, R-Mercer, who apparently is still fuming about publicity given his legislative pay raise vote, is in the Senate Appropriations Committee and appears to be on a fast track.

Robbins claims letting municipalities post legal notices to their own Web sites will save money. He apparently hasn’t considered whether people will ever see these notices on those Web sites, however.

Legal notices have historically appeared in newspapers so they get the widest exposure, at little cost to local governments. And who hasn’t learned about something brewing in a municipality — a potential tax increase or zoning change, for example — from a newspaper legal ad?

Senate Bill 419 is expected to be considered by the Senate Appropriations Committee chaired by Sen. Jake Corman, R-Benner Township.

Corman last week, in a meeting with the Centre Daily Times editorial board, said he hasn’t yet reviewed the bill and his top priority would be to make sure the “information is readily available to the public.”

We appreciate that stance and offer the situation in Centre County for consideration. Eight out of 10 county residents read the Centre Daily Times in print or online every week.

How many look at government Web sites, which could place legal notices just about anywhere? And how many don’t have Internet access and would be shut out totally if this bill becomes law?

This applies to other communities in Pennsylvania, so it seems like it should be an easy decision for Corman and the Senate. We’ll offer more about it in a guest column on the Views page Monday.

As for Robbins and those concerned about making sure municipalities save money, we suggest they look into what some local officials in the Harrisburg area are concerned about.

How about what they’re paying the executive director of the Pennsylvania State Association of Township Supervisors. R. Keith Hite made $371,210 in 2006, according to the most recently available tax form.

Apparently he’s a fine lobbyist in Harrisburg, where ideas to prevent openness thrive and seem to take on a life of their own. It’s time for the sun to shine fully in the Senate and throughout the Capitol.
2009 News