Findings test new open-records law
BY JAN MURPHY
Of The [Harrisburg] Patriot-News
Last year, Gov. Ed Rendell signed an enhanced open-records law, emphasizing the importance of an accountable and efficient government.
"Pennsylvania's business is the people's business," Rendell said.
But representatives of the state auditor general's office said they found that commitment lacking when they sought records about information-technology contracts awarded to Deloitte Consulting from 2004 through 2007.
The Rendell administration denied auditors access to documents that would verify that contracts were properly awarded, according to a preliminary audit issued by the auditor general's office that was obtained by The Patriot-News.
Auditors' phone calls were not returned, the audit states.
Requests for interviews were not granted.
Auditors also found that agencies that did respond didn't do so in a timely fashion.
"This lack of transparency gives the appearance of the potential for impropriety within the awarding of Commonwealth contracts, including vendor favoritism," the audit draft states.
Senate Majority Leader Dominic Pileggi, R-Delaware County, said the law clearly gives "auditors access to documents." He added that refusing to provide access is "unconscionable."
"And it certainly will cause people to wonder what is being hidden," he said.
Rendell spokesman Chuck Ardo said the agencies are cooperating, but he withheld further comment until the audit is finished.
Auditors sought documents such as lists of individuals who evaluated proposals that resulted in Deloitte landing a contract, copies of the losing proposals and score sheets used to evaluate those proposals.
The preliminary audit notes that auditors found that these documents would be available to the general public in Louisiana, South Carolina and Virginia.
But officials at the Department of General Services, which oversees state contracting and purchasing, told auditors those documents were not public information and were not to be shared even with state auditors. They said the secrecy was needed to ensure that evaluation committee members could "perform their duties without any undue scrutiny, pressure or challenge from outside entities," according to the preliminary audit.
Since then, General Services Deputy Secretary Anne Rung directed agencies to provide auditors with copies of the losing contract proposals because the state's enhanced open-records law, which took effect Jan. 1, makes them public documents.
But the auditors maintain that the state's purchasing rules gave them access to these records.
"A lack of transparency by the government when government is spending public funds translates into an increased risk of impropriety and reduces citizens' confidence in government," the preliminary audit states.
Of The [Harrisburg] Patriot-News
Last year, Gov. Ed Rendell signed an enhanced open-records law, emphasizing the importance of an accountable and efficient government.
"Pennsylvania's business is the people's business," Rendell said.
But representatives of the state auditor general's office said they found that commitment lacking when they sought records about information-technology contracts awarded to Deloitte Consulting from 2004 through 2007.
The Rendell administration denied auditors access to documents that would verify that contracts were properly awarded, according to a preliminary audit issued by the auditor general's office that was obtained by The Patriot-News.
Auditors' phone calls were not returned, the audit states.
Requests for interviews were not granted.
Auditors also found that agencies that did respond didn't do so in a timely fashion.
"This lack of transparency gives the appearance of the potential for impropriety within the awarding of Commonwealth contracts, including vendor favoritism," the audit draft states.
Senate Majority Leader Dominic Pileggi, R-Delaware County, said the law clearly gives "auditors access to documents." He added that refusing to provide access is "unconscionable."
"And it certainly will cause people to wonder what is being hidden," he said.
Rendell spokesman Chuck Ardo said the agencies are cooperating, but he withheld further comment until the audit is finished.
Auditors sought documents such as lists of individuals who evaluated proposals that resulted in Deloitte landing a contract, copies of the losing proposals and score sheets used to evaluate those proposals.
The preliminary audit notes that auditors found that these documents would be available to the general public in Louisiana, South Carolina and Virginia.
But officials at the Department of General Services, which oversees state contracting and purchasing, told auditors those documents were not public information and were not to be shared even with state auditors. They said the secrecy was needed to ensure that evaluation committee members could "perform their duties without any undue scrutiny, pressure or challenge from outside entities," according to the preliminary audit.
Since then, General Services Deputy Secretary Anne Rung directed agencies to provide auditors with copies of the losing contract proposals because the state's enhanced open-records law, which took effect Jan. 1, makes them public documents.
But the auditors maintain that the state's purchasing rules gave them access to these records.
"A lack of transparency by the government when government is spending public funds translates into an increased risk of impropriety and reduces citizens' confidence in government," the preliminary audit states.
