PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

Panel provides insight into Pennsylvania’s Right to Know Law

By EMILY MROSS
The Penn [Indiana University of Pennsylvania]

Four panelists gave insight on the first year of the Pennsylvania Right to Know Law during a symposium in the HUB Ohio room at 7 p.m. March 31.

The IUP chapter of the Society of Professional Journalists, the IUP journalism department, and the Elizabeth Ray Sweeney Trust sponsored The New Pennsylvania Right to Know Law: Power to the People.

The panel featured Barry Fox, deputy director of the Pennsylvania Office of Open Records; Mark Scolforo, an Associated Press reporter; Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association Foundation; and Eric Ebeling, executive editor of The Indiana Gazette. David O. Loomis, IUP journalism professor and SPJ adviser, served as moderator.

The event came after Sunshine Week, which celebrated the one-year anniversary of the Right to Know Law, which is a type of Sunshine law, meant to give open access to public documents.

“The law is a huge step forward for openness and accountability in government,” said Loomis in his opening remarks to the crowd of approximately 170 students, professors and community members.

Each panelist spoke briefly about the impact of the law, and the challenges that it already faces.

Fox’s office has a staff of eight, who handle appeals from people who have been denied access to public records.

“We were 49th in the country for open government before the law,” said Fox. “Now, we’re probably in the top 15.

Fox said requests for records have surged since the law was implemented.

“It’s a great tool for public access,” said Melewsky.

Under the old law, if access to a record was denied, the only option a citizen had was to file a lawsuit, Melewsky said.

Now, one can file an appeal with the office of open records and avoid going to court.

“Unfortunately, we have seen legislation introduced almost immediately after the law was passed to change it,” said Melewsky.

Scolforo said he foresees a future court battle over government agencies charging fees for information requests.

“The Rendell administration thinks that they can charge for it, but they haven’t been,” said Scolforo.

Public information access audits have improved under the new law, according to Scolforo.

He has covered three audits over the last 11 years, and success rates in obtaining documents such as public officials’ resumes, superintendents’ contracts, and police blotters has risen to 85 percent in 2010 from 70 percent in 1999.

Ebeling, who has written for papers in Maryland, Vermont and Pennsylvania, said he has experienced a full spectrum of sunshine laws.

Now that Pennsylvanians have more access to public records, Ebeling urged members of the media to remind citizens of the importance of the law.

“This isn’t an option,” said Ebeling. “The public’s business needs to be transparent.

“We deserve to see what they are doing. There’d better be a darn good reason why we don’t.”