PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

Open records funding boosted

By AMY REVAK
Uniontown Herald Standard

Despite a belated state budget that included numerous funding cuts, the state Office of Open Records has been given a significant funding increase.

State Rep. Timothy S. Mahoney, D-South Union Township, who spearheaded passage of the new open records law that took effect on Jan. 1, said the important office received a $240,000 increase in funding under the current budget, boosting the office's allocation to $1.25 million.

Mahoney, who wrote the state House version of the right-to-know law that was signed by Gov. Ed Rendell last year, said all Pennsylvanians should be thankful that the new Office of Open Records was given the tools to perform its critical mission.
Mahoney said the office was given the amount that executive director Terry Mutchler said was needed to function effectively in its first full fiscal year of operation.

As of Nov. 23, less than a year after Pennsylvania's new right-to-know law took effect, the state Office of Open Records had received its 1,000th appeal in which local or state agencies denied the person requesting access to records.

Mutchler said people are keeping tabs on their tax dollars, the decisions their elected officials are making, and time and again, they are using this new law to become better informed about their government.

"The right-to-know law is a keystone for open and honest government in Pennsylvania," Mutchler said.

Mahoney said passing the new law was perhaps the biggest step the Legislature could have taken towards more open government and it is important that it is funded properly.

"I fought to maintain that office," Mahoney said.

He added that he and House Majority Whip Bill DeWeese, D-Waynesburg, co-wrote a letter to House Appropriations Committee Chairman Dwight Evans, D-Philadelphia, early in the budget process, stressing that inadequate funding must never compromise the vital office.
Mahoney said the office issues advisory opinions, runs a mediation program to resolve disputes and governs the appeals procedure when a state of local government agency denies a request for information.

Mutchler said the 1,000th appeal was filed by the American Civil Liberties Union against Clarion County, which is seeking records related to medical care of inmates in the county's custody. The ACLU alleged that the county ignored their request and the appeal is under review.
Of the cases to date, the office issued final determinations that ordered release or partial release of the records in 224 cases, upheld the agencies decisions in 298 cases, dismissed 151 as moot and 211 were withdrawn, meaning the agency and the requestor reached accord before a final determination was issued. About 8 percent, or 84, of the office's decisions have been challenged and are pending in county and state courts.

Of the 1,000 appeals, 87 percent were filed by citizens, which Mutcher said debunks the myth that the right to know act is a media-driven law.

"It's a citizen-driven law," Mutchler said. "People, not the press, are predominately using this law to gain access to government information."
With nine staff, the office also has answered about 5,000 thousand e-mails, telephone calls and letters, and conducted more than 300 training sessions on the new law across the state, Mutcher said.

Gov. Ed Rendell, a strong supporter of open government, signed the law into effect in 2008. Written by Senate Majority Leader Dominic Pileggi, R-Delaware, the seminal provision is that all records of government are presumed to be public unless there is a legal reason to withhold them.

Mutchler was appointed to a six-year term and has been a visible and vocal advocate for open government. She has testified before legislative committees in Pennsylvania, the state of Washington and Congress.

"Because of this new law, other states are starting to look at Pennsylvania as an emerging leader in government access and are seeking our advice," Mutchler said. "As we move into the new year, our goal is to continue to serve citizens, strengthen this law and ensure that citizens have maximum access to government records."
2009 News