Mutchler encourages activists on records law, with caveats
January 14, 2009 Terry Mutchler | New RTK Law
By Bradley Vasoli
The Philadelphia Evening Bulletin
Harrisburg — Terry Mutchler, executive director of the new Pennsylvania Office of Open Records, told politicians, journalists and activists yesterday the new open-records law affords them unprecedented access to government documents. But she said that access comes only if Pennsylvanians demand their public officials obey the statute’s spirit.
“There’s a philosophy in this law,” the former litigator said at a symposium held by the nonpartisan Commonwealth Foundation. “And you’re either pro-open government or you’re not.”
Under the state’s Right-to-Know Law, enacted last February when Gov. Ed Rendell, D, signed Senate Bill 1, documents at the state and local levels in Pennsylvania are presumed public unless they fit into one of the law’s exemptions. As a result of this sweeping change, which reverses what reform advocates believed had made Pennsylvania one of the weakest states on transparency, many who want to access the law have been enthusiastically learning about its uses and limitations.
A measure principally authored by state Senate Majority Leader Dominic Pileggi, R-9th, of Chester and Delaware counties, the open-records statute created the Office of Open Records as part of the state Department of Community and Economic Development. It allows those requesting documents from government agencies to obtain the necessary forms on its Web site (http://openrecords.state.pa.us.)
Ms. Mutchler said while she promises first-rate stewardship of her office, which will mediate disputes between requesters and agencies that aren’t resolved at the agency level, the heads of government bodies will need to keep their documents in order.
“The key is, at the beginning, know your records,” she said. “Manage your records.”
Now that state law emphasizes the need for agency transparency, government entities will no longer be able to withhold requested records without a reason; explanation must be given. And any failure to produce records considered public within five days can be punished with the issuance of a fine. All this increases the pressure on public offices to be responsive.
But many reform advocates say glitches remain. The fines associated with violations of the law cannot exceed $500 per day the requested records are withheld. Barry Kauffman, executive director of Pennsylvania Common Cause, said at the symposium that many large cities and agencies could simply absorb these penalties as a “cost of doing business” should they want certain documents undisclosed.
“Enforcement still remains a concern in the long run,” Mr. Kauffman said.
Dovetailing with Pennsylvania’s effort to make more public information available to residents, the Commonwealth Foundation discussed some new efforts it is undertaking to the same end. The Web site PennsylvaniaVotes.org will provide the text of all state legislative bills and member voting records on those bills. Another endeavor, the School Board Transparency Project, will examine school-district contract negotiations, a contentious issue in this state’s heavily unionized districts.
“These contracts are the most important decisions that local school boards make,” Carlisle Area School Board member Fred Baldwin, who is working on the transparency project, told audience members yesterday.
The Philadelphia Evening Bulletin
Harrisburg — Terry Mutchler, executive director of the new Pennsylvania Office of Open Records, told politicians, journalists and activists yesterday the new open-records law affords them unprecedented access to government documents. But she said that access comes only if Pennsylvanians demand their public officials obey the statute’s spirit.
“There’s a philosophy in this law,” the former litigator said at a symposium held by the nonpartisan Commonwealth Foundation. “And you’re either pro-open government or you’re not.”
Under the state’s Right-to-Know Law, enacted last February when Gov. Ed Rendell, D, signed Senate Bill 1, documents at the state and local levels in Pennsylvania are presumed public unless they fit into one of the law’s exemptions. As a result of this sweeping change, which reverses what reform advocates believed had made Pennsylvania one of the weakest states on transparency, many who want to access the law have been enthusiastically learning about its uses and limitations.
A measure principally authored by state Senate Majority Leader Dominic Pileggi, R-9th, of Chester and Delaware counties, the open-records statute created the Office of Open Records as part of the state Department of Community and Economic Development. It allows those requesting documents from government agencies to obtain the necessary forms on its Web site (http://openrecords.state.pa.us.)
Ms. Mutchler said while she promises first-rate stewardship of her office, which will mediate disputes between requesters and agencies that aren’t resolved at the agency level, the heads of government bodies will need to keep their documents in order.
“The key is, at the beginning, know your records,” she said. “Manage your records.”
Now that state law emphasizes the need for agency transparency, government entities will no longer be able to withhold requested records without a reason; explanation must be given. And any failure to produce records considered public within five days can be punished with the issuance of a fine. All this increases the pressure on public offices to be responsive.
But many reform advocates say glitches remain. The fines associated with violations of the law cannot exceed $500 per day the requested records are withheld. Barry Kauffman, executive director of Pennsylvania Common Cause, said at the symposium that many large cities and agencies could simply absorb these penalties as a “cost of doing business” should they want certain documents undisclosed.
“Enforcement still remains a concern in the long run,” Mr. Kauffman said.
Dovetailing with Pennsylvania’s effort to make more public information available to residents, the Commonwealth Foundation discussed some new efforts it is undertaking to the same end. The Web site PennsylvaniaVotes.org will provide the text of all state legislative bills and member voting records on those bills. Another endeavor, the School Board Transparency Project, will examine school-district contract negotiations, a contentious issue in this state’s heavily unionized districts.
“These contracts are the most important decisions that local school boards make,” Carlisle Area School Board member Fred Baldwin, who is working on the transparency project, told audience members yesterday.
