Records appeal turned down
By GEMA MARIA DUARTE
Bucks County Courier Times
The state's Office of Open Records has denied Bucks County's first appeal for public information under the new Right-to-Know Law.
In another ruling, the office turned down Quakertown School District's request to withhold the name of employees of a contractor working on a school project.
In a four-page ruling, Appeals Officer Dena Lefkowitz informed Penndel resident Dave Cahill that the borough isn't required to turn over copies of third-party reports paid for by the borough that detail the results of inspections of two privately owned properties in the borough. He has 30 days from the mailing date to appeal the state's decision to Bucks County Court.
In her decision, Lefkowitz ruled the inspection report was an "investigation report" and the "Right-to-Know Law clearly authorizes a public body to withhold investigative reports, including the results of an investigative report."
Cahill submitted two appeals to the state's Office of Open Records after he said Penndel denied his requests in early January.
"I'm disappointed with the denial," he said Tuesday afternoon.
Gov. Edward Rendell signed the new Right-To-Know Law a year ago this month, changing the way Pennsylvanians access public records from state and local governments. The new law became effective Jan. 1.
Under law, a record is presumed to be public unless a government agency can prove otherwise by citing specific reasons detailed in the law.
The letter states Cahill "raises a very strong public policy argument that taxpayers paid for the report and therefore should be entitled to the content of the report" and "If the Borough of Penndel chooses to exercise its discretion to release this report, it has authority under the law to do that."
"If the borough has nothing to hide, it will release the reports," Cahill said.
Council President Ward McMasters said Tuesday that the matter hasn't been discussed with the rest of the members.
"As far I'm concerned, the state has made the ruling," he said.
But Councilwoman Deborah Gentile said the state's ruling shouldn't be the end of the issue.
"At first the matter was deferred to the inspection company and the borough solicitor," she said, adding that the reports haven't been distributed to all council members. "Now it has been bounced back to the borough, so it should be discussed with the entire council. I don't know if that will happen. We should look over the reports and our ordinance ... and the engineer's interpretation. We should decide as a board if that information should be released to the public."
Building Inspection Underwriters, based in Feasterville, inspected the homes of James and Susan Anderson, and Janet Myers, former council president and ex-tax collector, after complaints were filed that allege those properties have apartment-like structures, also known as equivalent dwelling units, in addition to the main house on the property. If that's the case, those property owners would be required to pay separate fees for garbage collection, sewer service and a renter's tax.
James Anderson wouldn't comment on the issue Tuesday other than to say that his wife, who's a member of the long range and finance committee, hasn't done anything wrong. Myers has said that she doesn't have a rental unit on her property.
"If a resident has an EDU and they have to pay their fair share, any elected or appointed official should be paying it, too," Cahill said.
In Quakertown, the school district granted a request to release certified payroll forms for a subcontractor working on a school renovation project, but blacked out the employees' names.
In its appeal, the school cited the exception for information such as Social Security numbers, drivers' license numbers and personal telephone numbers.
But Lefkowitz noted that the same section of the law says explicitly that the exception does not apply to names.
Alice Bishop, the district's open-records officer, said it does not plan to appeal and will comply with the ruling.
"The law is kind of vague," she said, but "now we know."
In another case, in Pittsburgh, WTAE-TV requested a copy of the port authority's payroll. The authority provided all the information except employees' birth dates, citing the same personal-information exception as well as a 2005 Commonwealth Court decision based on the previous Right-to-Know Law that was repealed with the passage of the current law.
The agency said the information is not covered by an exception in the law for certain personal information. Meanwhile, appeals officers for both chambers of the Pennsylvania Legislature said Tuesday the new Right-to-Know Law does not give the public the right to review correspondence between lawmakers and lobbyists.
The House and Senate on Tuesday rejected requests by The Associated Press for communications last year between registered lobbyists and floor leaders.
The appeals officers of the Legislature said if a record does not fit the legislative record definition in the first place, the exceptions do not apply.
Bucks County Courier Times
The state's Office of Open Records has denied Bucks County's first appeal for public information under the new Right-to-Know Law.
In another ruling, the office turned down Quakertown School District's request to withhold the name of employees of a contractor working on a school project.
In a four-page ruling, Appeals Officer Dena Lefkowitz informed Penndel resident Dave Cahill that the borough isn't required to turn over copies of third-party reports paid for by the borough that detail the results of inspections of two privately owned properties in the borough. He has 30 days from the mailing date to appeal the state's decision to Bucks County Court.
In her decision, Lefkowitz ruled the inspection report was an "investigation report" and the "Right-to-Know Law clearly authorizes a public body to withhold investigative reports, including the results of an investigative report."
Cahill submitted two appeals to the state's Office of Open Records after he said Penndel denied his requests in early January.
"I'm disappointed with the denial," he said Tuesday afternoon.
Gov. Edward Rendell signed the new Right-To-Know Law a year ago this month, changing the way Pennsylvanians access public records from state and local governments. The new law became effective Jan. 1.
Under law, a record is presumed to be public unless a government agency can prove otherwise by citing specific reasons detailed in the law.
The letter states Cahill "raises a very strong public policy argument that taxpayers paid for the report and therefore should be entitled to the content of the report" and "If the Borough of Penndel chooses to exercise its discretion to release this report, it has authority under the law to do that."
"If the borough has nothing to hide, it will release the reports," Cahill said.
Council President Ward McMasters said Tuesday that the matter hasn't been discussed with the rest of the members.
"As far I'm concerned, the state has made the ruling," he said.
But Councilwoman Deborah Gentile said the state's ruling shouldn't be the end of the issue.
"At first the matter was deferred to the inspection company and the borough solicitor," she said, adding that the reports haven't been distributed to all council members. "Now it has been bounced back to the borough, so it should be discussed with the entire council. I don't know if that will happen. We should look over the reports and our ordinance ... and the engineer's interpretation. We should decide as a board if that information should be released to the public."
Building Inspection Underwriters, based in Feasterville, inspected the homes of James and Susan Anderson, and Janet Myers, former council president and ex-tax collector, after complaints were filed that allege those properties have apartment-like structures, also known as equivalent dwelling units, in addition to the main house on the property. If that's the case, those property owners would be required to pay separate fees for garbage collection, sewer service and a renter's tax.
James Anderson wouldn't comment on the issue Tuesday other than to say that his wife, who's a member of the long range and finance committee, hasn't done anything wrong. Myers has said that she doesn't have a rental unit on her property.
"If a resident has an EDU and they have to pay their fair share, any elected or appointed official should be paying it, too," Cahill said.
In Quakertown, the school district granted a request to release certified payroll forms for a subcontractor working on a school renovation project, but blacked out the employees' names.
In its appeal, the school cited the exception for information such as Social Security numbers, drivers' license numbers and personal telephone numbers.
But Lefkowitz noted that the same section of the law says explicitly that the exception does not apply to names.
Alice Bishop, the district's open-records officer, said it does not plan to appeal and will comply with the ruling.
"The law is kind of vague," she said, but "now we know."
In another case, in Pittsburgh, WTAE-TV requested a copy of the port authority's payroll. The authority provided all the information except employees' birth dates, citing the same personal-information exception as well as a 2005 Commonwealth Court decision based on the previous Right-to-Know Law that was repealed with the passage of the current law.
The agency said the information is not covered by an exception in the law for certain personal information. Meanwhile, appeals officers for both chambers of the Pennsylvania Legislature said Tuesday the new Right-to-Know Law does not give the public the right to review correspondence between lawmakers and lobbyists.
The House and Senate on Tuesday rejected requests by The Associated Press for communications last year between registered lobbyists and floor leaders.
The appeals officers of the Legislature said if a record does not fit the legislative record definition in the first place, the exceptions do not apply.
