Bucks County appeals state Office of Open Records decision
By Freda Savana | Bucks County Courier Times
Bucks County officials do not believe the record of when two employees – opponents in a county election – entered the courthouse each day should be a matter of public information.
Further, the county takes the position that releasing information about when identification cards are swiped could compromise courthouse safety.
So Bucks County has appealed a Pennsylvania Office of Open Records decision late last year that called on the county to release the records sought by The Intelligencer and Courier Times. A reporter sought the record after a candidate for office suggested the incumbent office-holder was skipping days of work.
Bucks filed an appeal of the open records' office decision in county court Wednesday, citing security concerns if the information were made public.
The Intelligencer and the Courier Times requested the information under the state's Right-to-Know law. The county denied the request, after asking for an extension to review the law, on Oct. 30, 2009, the Sunday before the Nov. 3 election. The newspaper appealed that decision to the office of open records, which granted the newspapers' appeal.
Michael S. Scobey, chief operating officer of Calkins Media print division, which operates the newspapers, said county taxpayers should have access to this information.
"We respectfully submit that taxpayers have the right to know if county employees are being paid for time worked and that all employees are treated fairly and are held accountable," he said.
"The county submits that handing over this information will somehow breach courthouse safety," said Scobey. "County officials can say that ... but where is the proof?"
Wednesday's challenge now will be heard by a Bucks County judge, but it is unclear when.
Barry Fox, deputy director of the open records office, said about 85 similar appeals have been made to the agency's decisions across Pennsylvania. All are awaiting a ruling, either in county or commonwealth court. The office handled nearly 1,200 requests in 2009, its first year in operation.
Fox said whatever ruling a county makes sets precedent for that county alone.
Attendance became a campaign issue in the race for recorder of deeds when Democrat Robin Rosenthal challenged the work schedule of Republican incumbent Ed Gudknecht. Gudknecht was elected to a seventh term.
The state Right-to-Know law generally assumes documents are open to public view, although there are exceptions. The county argued the attendance log, if disclosed, would "compromise county security."
In its appeal, Chris Daley, the county's director of security, said "releasing data recorded by a security system would be in direct violation of the system itself, as well as an individual's trust in the system."
Bucks County officials do not believe the record of when two employees – opponents in a county election – entered the courthouse each day should be a matter of public information.
Further, the county takes the position that releasing information about when identification cards are swiped could compromise courthouse safety.
So Bucks County has appealed a Pennsylvania Office of Open Records decision late last year that called on the county to release the records sought by The Intelligencer and Courier Times. A reporter sought the record after a candidate for office suggested the incumbent office-holder was skipping days of work.
Bucks filed an appeal of the open records' office decision in county court Wednesday, citing security concerns if the information were made public.
The Intelligencer and the Courier Times requested the information under the state's Right-to-Know law. The county denied the request, after asking for an extension to review the law, on Oct. 30, 2009, the Sunday before the Nov. 3 election. The newspaper appealed that decision to the office of open records, which granted the newspapers' appeal.
Michael S. Scobey, chief operating officer of Calkins Media print division, which operates the newspapers, said county taxpayers should have access to this information.
"We respectfully submit that taxpayers have the right to know if county employees are being paid for time worked and that all employees are treated fairly and are held accountable," he said.
"The county submits that handing over this information will somehow breach courthouse safety," said Scobey. "County officials can say that ... but where is the proof?"
Wednesday's challenge now will be heard by a Bucks County judge, but it is unclear when.
Barry Fox, deputy director of the open records office, said about 85 similar appeals have been made to the agency's decisions across Pennsylvania. All are awaiting a ruling, either in county or commonwealth court. The office handled nearly 1,200 requests in 2009, its first year in operation.
Fox said whatever ruling a county makes sets precedent for that county alone.
Attendance became a campaign issue in the race for recorder of deeds when Democrat Robin Rosenthal challenged the work schedule of Republican incumbent Ed Gudknecht. Gudknecht was elected to a seventh term.
The state Right-to-Know law generally assumes documents are open to public view, although there are exceptions. The county argued the attendance log, if disclosed, would "compromise county security."
In its appeal, Chris Daley, the county's director of security, said "releasing data recorded by a security system would be in direct violation of the system itself, as well as an individual's trust in the system."
