PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

York Township commissioner publicizes RTK requesters

By GREG GROSS
For the [York] Daily Record/Sunday News

A York Township commissioner said Tuesday night the public should know how much Right-to-Know requests are costing the township and taxpayers.

As part of a presentation during Tuesday's meeting, commissioner Paul Knepper used an overhead projector to show the names of people who had made requests and how much each request had cost the township and the person.

Knepper said he got the list from the township's office of open records and had to file a request under the Right-to-Know law himself.

As Knepper read down the list, he pointed out one resident in particular.

John Bowders, chairman of the York County Citizens for Smarter Growth, had cost the township $12,489.40 so far this year while incurring a personal expense of about $42, Knepper said.

"That's a pretty good bargain," Knepper said as he read from the list. "Another impressive buy."

Knepper said he wasn't saying Bowders was abusing the system but suggested that "there could be abuse of the system. You make the call."

In an interview, Bowders said all his requests are relevant.

He added that he had received up to three copies of the same document from three different township departments, which "pads the numbers."

Right-to-Know requests filed with the township have cost nearly $14,000 during the first four months of the year. Bowders accounted for 13 requests, Knepper said. Knepper's request wasn't on the list because it came in May.

In a prepared statement, Knepper said he has no problems with the Right-to-Know law but thinks those who make requests should pick up the tab to cover the cost to fulfill it. Pennsylvania's Right-to-Know law went into affect at the beginning of the year and is meant to make it easier for residents to access public records.

It places the burden of proving why a record shouldn't be public on governments. The old law put the burden on requesters who had to establish why a record should be public.

During April's meeting, Knepper had made a motion to post the names of people who make requests and how much it costs on the township's Web site and in the newsletter. The motion was later tabled.

Commissioner Phillip Briddell said that might be going too far.

"Where do you draw the line?" he said.

Instead, Briddell said, the township should use a quantitative system in which the number of people who had made requests are printed under a rough figure of the township's expense.

Commissioners Ken Silberstein and Dennis Ness said they are opposed to publishing any names and figures.

According to Steve Hovis, the solicitor, publishing such a list is within the law.

Knepper made a motion to direct staff to make recommendations on how to proceed with the issue. It passed 3-2, with commissioners Ness and Silberstein voting against it.

It's likely township staff will come back with recommendations during the June meeting.

2009 News