New RTK Law
Westmoreland County grants few open-records requests
December 26, 2009 |
Just one of every five open-records requests
submitted to Westmoreland County this year was
granted, according to the gatekeeper of those
documents. Westmoreland County this year fielded
requests from the public for about 500 documents,
the most ever received, according to county
officials.
Read More...
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Open records or closed records? Sun-Gazette reporters find out
December 24, 2009 |
With the revamping of open records laws in
Pennsylvania earlier this year, the Williamsport
Sun-Gazette agreed to become part of an effort
with The Associated Press and other newspapers
statewide to see just how accessible government
records are in municipalities and school
districts.
Read More...
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Taxpayer costs add up in disputes over records
December 24, 2009 |
POTTSTOWN — As it turns out, freedom of
information is not free. The changes to
Pennsylvania's Right to Know Law come at a cost
to taxpayers, say officials with the Pottstown
School District — $13,217 to be exact -- and
that's just the legal fees.
Read More...
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III: Changes could be on horizon for Pa.'s records law
December 23, 2009 |
Many issues that have arisen during the first
year under Pennsylvania's revised Right-to-Know
Law, which may soon be amended. Should taxpayers
have to foot a part of the cost of massive
requests? How does the law work when the records
are also integral to an ongoing lawsuit? Should
the government be able to cancel a request it
deems to be a practical impossibility?
Read More...
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II: New records law seems to bring change in attitudes
December 22, 2009 |
HARRISBURG, Pa. (AP) — A new test of how
government agencies respond to records requests
shows that a year after Pennsylvania's revamped
Right-to-Know Law took effect, it may be
transforming attitudes among public officials
about the public documents and information under
their control. Over two days this fall, reporters
and others from 33 Pennsylvania newspapers, a TV
station, and a community college journalism class
filed 274 requests for public records from police
agencies, local government offices and school
districts in an audit coordinated by The
Associated Press.
Read More...
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Right-to-know’ inquiries yield mixed results for staff
December 22, 2009 |
NORRISTOWN — The Times Herald partnered with The
Associated Press in its 2009 audit of the
Pennsylvania Right-To-Know Law by sending several
staffers on undercover assignments to various
municipalities, school districts and police
departments throughout the coverage area in early
October. Read
More...
II: Rules for Pa. Right-to-Know Law survey
December 22, 2009 |
How the audit of compliance with Pennsylvania's
Right-to-Know Law was conducted. Read
More...
II: Media organizations in the Pa. open-records audit
December 22, 2009 |
List of news organizations that participated in
the design and execution of the 2009 audit survey
of compliance with Pennsylvania's Right-to-Know
Law. Read
More...
Centre County's open records response improves
December 21, 2009 |
During two days in early October, five surveyors
dispatched by the Centre Daily Times drove more
than 230 miles and traveled to 11 public agencies
in Centre County to test the state's almost
year-old Right-to-Know Law. Read
More...
Franklin Co. tests state open records law: 2 failures out of 5 info requests
December 21, 2009 |
Public Opinion participated in the 2009 Audit of
Public Access to Government Records, requesting
five items from five different departments with
two failures among them: Shippensburg Police
Department and Franklin County 911. Read
More...
Access to county public documents examined
December 21, 2009 |
As part of the Associated Press'
Right-to-Know Law audit, staff writers Kent
Jackson, Coulter Jones and Bob Kalinowski
canvassed communities in The Citizens' Voice's
and Standard-Speaker's coverage area over several
days in October. They made requests for what are
supposed to be public documents, and didn't
identify themselves as newspaper reporters until
pressed. Here's what they encountered:
Read
More...
I: Major elements of revised Pa. Right-to-Know Law
December 21, 2009 |
Major provisions of the Right-to-Know Law that
took full effect in January 2009. Read
More...
I: Reach of new Pa. FOI law gets tested in first year
December 21, 2009 |
HARRISBURG, Pa. (AP) — A wealth of information
about the actions and decisions of Pennsylvania
public officials has been pried loose in the year
since a broad expansion of the state's
Right-to-Know Law took effect. There are signs,
including a recent spot check of government
agencies, that the state is shedding its
long-standing reputation as a public-access
backwater. Read
More...
Opinion: New state rules helping to open up records
December 20, 2009 |
Reporters across the state put Pennsylvania's
nearly year-old open records law to the test
recently in a fun but eye-opening project
spearheaded by The Associated Press. Read
More...
Right-to-know audit: Law is a challenge for small municipalities
December 19, 2009 |
So what happens when a government hires a
contractor to perform a task – engineering work,
making a grant request, zoning decisions – and
the contractor keeps the paperwork? How can
people see documents they are entitled to see?
When dealing with the smallest municipalities,
governments with only a few part-time employees,
it can get complicated. Read
More...
Right-to-know: Daily Record/Sunday News audit results
December 19, 2009 |
In October, the York Daily Record/Sunday News
made 18 right-to-know requests as part of a
statewide audit of the new open records law that
was led by The Associated Press. Here are the
results of those requests. The records requested
were public under the law. Read
More...
Right-to-know audit: Police question request
December 19, 2009 |
The Newberry Township Police Department fulfilled
a request for a 24-hour incident log only after
requiring the requester to identify his employer.
Pennsylvania's Right-to-Know law does not require
requesters to identify their employer before
being given access to a record, according to the
Pennsylvania Newspaper Association's media law
counsel. A reporter from the York Daily
Record/Sunday News asked for a log of calls the
department responded to Oct. 3 as part of the
Associated Press' statewide audit of public
access to government records under Pennsylvania's
new Right-to-Know law. Read
More...
Opinion: Shut down these records!
December 17, 2009 |
As 2009 comes to a close, we know already that
the Pennsylvania Newspaper Association will be
fighting three recently-introduced bills that are
intended to close more records, all of which were
reported from their original committees this
week.
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Opinion: First, Obama's transparency directive. Gov. Rendell: You next?
December 17, 2009 |
So, Gov. Rendell, did you see what President
Obama did the other day? Will you follow his lead
in Pennsylvania? Obama told federal agencies to
be more transparent, publish more data, and in
fact, set deadlines for them to put as-yet
unreleased information online. I wanted to ask
Rendell if he'd do the same in Pennsylvania.
Read
More...
Opinion: Citizen watchdogs make most of Right to Know Law
December 12, 2009 |
We sometimes get asked what the average man or
woman can do to impact government and encourage
reform. On cynical days, it’s easy to feel
helpless against “the establishment.”
Besides voting (or running for office yourself), one of the best ways to get active in Pennsylvania is to take advantage of the state’s Right to Know Law. Read More...
Besides voting (or running for office yourself), one of the best ways to get active in Pennsylvania is to take advantage of the state’s Right to Know Law. Read More...
NCC journalism students examine Right to Know Law
December 10, 2009 |
Students at the Monroe Campus of Northampton
Community College's (NCC) Journalism and Society
class played an integral part in the Associated
Press (AP) Pennsylvania-wide audit, "Right to
Know." They were the only students to take part
in the project, which otherwise included media
professionals. Read
More...
New Pa. records office running at hectic pace
November 29, 2009 |
Terry Mutchler, executive director of the state
Office of Open Records, has a quick response when
asked how things are going. " 'Busy' is the short
answer," Ms. Mutchler said last week. "We're just
overwhelmed."
Ms. Mutchler and her nine-member staff routinely work 12-hour days or longer to keep pace with a flood of paperwork.
To date, they have processed 1,006 appeals, conducted 300 training sessions around the state on the new Right-to-Know Law and fielded more than 5,000 e-mail and telephone inquiries. Read More...
Ms. Mutchler and her nine-member staff routinely work 12-hour days or longer to keep pace with a flood of paperwork.
To date, they have processed 1,006 appeals, conducted 300 training sessions around the state on the new Right-to-Know Law and fielded more than 5,000 e-mail and telephone inquiries. Read More...
State's records law hailed as step forward
November 29, 2009 |
Until this year, Pennsylvania's open-records law
had an abysmal reputation.
But on Jan. 1, a revised Right-to-Know Law took effect. Eleven days later, the state's newly created, independent Office of Open Records began refereeing its first dispute between the public and a government agency.
Now, Mr. Davis said, as the one-year anniversary approaches, Pennsylvania's open-records law "easily" ranks in the top third across the nation -- what he called a "signal improvement."
Read More...
But on Jan. 1, a revised Right-to-Know Law took effect. Eleven days later, the state's newly created, independent Office of Open Records began refereeing its first dispute between the public and a government agency.
Now, Mr. Davis said, as the one-year anniversary approaches, Pennsylvania's open-records law "easily" ranks in the top third across the nation -- what he called a "signal improvement."
Read More...
Despite 'RTK' Law, some records hard to find
November 18, 2009 |
Why is it still so difficult for citizens to get
public documents from the Legislature a year
after lawmakers passed a new law and promised a
new day? WTAE Team 4 investigator Jim Parsons
reports that no one knows how the Legislature is
doing under the new Right To Know Law.
Read
More...
Judge fights release of material on his computers
October 05, 2009 |
Bradford County President Judge Jeffrey Smith has
hired a private attorney to fight The Review's
effort to inspect the non-judicial content of a
copy of the hard drives on computers he used.
Read
More...
Opinion: Right to Know and the constitutional right to privacy
September 23, 2009 |
Last month, when the Commonwealth Court issued
its first published opinion addressing
Pennsylvania's new Right-to-Know Law, it shone a
bright light on a long-standing issue: the
inherent tension between the public's right to
access government records and a person's interest
in the privacy of information that the government
possesses about him. The Commonwealth Court's
recent opinion, Pennsylvania State Education
Association v. Commonwealth, further muddles the
privacy question and, unless corrected, stands to
cause an array of additional problems.
Read
More...
Open-records requests cost Elco time, money
September 22, 2009 |
MYERSTOWN - Elco [Eastern Lebanon County School
District] remains committed to abiding by the
state's open-records law, school-board President
Donna Moyer said Monday night, but the procedures
are growing "a bit expensive." Read
More...
New Pa. Open Records law helps author uncover more information on mine fire
September 21, 2009 |
Former News-Item and Patriot News reporter David
DeKok has written a revised and updated book
about the mine fire in Centralia that details the
relocation of residents, demolition of most of
the town and the resistance of a few diehards.
"Pennsylvania's new Open Records Act, which took
effect at the beginning of 2009, greatly aided my
research," DeKok said. Read
More...
PNA Legal Hotline: RTK Law governs access to draft minutes, tape recordings
September 17, 2009 |
Q: The school board secretary makes a tape
recording of all school board meetings and uses
the recording to draft meeting minutes.
Occasionally, it takes the school board months to
complete and adopt meeting minutes based on this
recording, and they refuse to release the tape
recording or draft minutes. Is the tape recording
a public record? How long can the school board
take to adopt official minutes?Can I get a copy
of the draft minutes? Read
More...
New Pa. public-records law: lots of requests ... & lawsuits
September 16, 2009 |
Since the beginning of the year, a new
Pennsylvania law on public records has been
sending tremors through state and local
governments. Unprecedented numbers of citizens,
civic groups, reporters and businesses have filed
thousands of requests for government documents
and data. Now come the aftershocks: Dozens of
public-record lawsuits are piling up in
courthouses around the state, waiting for judges
to spit out rulings on what the law really means.
Read
More...
Williams Twp. to add secretarial hours to process open records requests
September 11, 2009 |
The mountain of trash at the Chrin Bros. Sanitary
Landfill and other contentious issues in Williams
Township have spurred the growth of another
mountain -- one of open record requests.
Read
More...
Lackawanna Court upholds Office of Open Records decision
September 10, 2009 |
In a September 9, 2009 memorandum and order,
Judge Terrence R. Nealon of the Lackawanna County
Court of Common Pleas ruled that unsuccessful
bids in the possession of a government contractor
are public records. The decision is the first one
in which a court has considered the obligations
of government contractors under the new Right to
Know Law. Read
More...
Open-records office withdraws from Luzerne Co. case
September 07, 2009 |
The Pennsylvania Office of Open Records has
withdrawn from a court case appealing its own
ruling that Luzerne County must disclose who gets
health-care benefits from the county.
Read
More...
Opinion: Update on public notice, open records bills
September 03, 2009 |
In case you’ve been keeping score, there was
movement on two damaging public notice bills last
session, both of which died in the Senate – one
in Appropriations and the other tabled on the
floor calendar. So far this year, there has been
activity in both the House and the Senate, with
local government organizations pushing five
virtually identical bills this session.
Read
More...
Opinion: Lawmakers prefer working in the dark
August 15, 2009 |
Corruption hunters have a target-rich environment
not only in Northeast Pennsylvania but in many
parts of the commonwealth, including Harrisburg.
But while federal and state prosecutors continue
to work on individual criminal cases, little is
being done institutionally to thwart corruption
and improve governance. Read
More...
Commissioner charged for township information
August 12, 2009 |
A York Township commissioner said he shouldn't
have to file Right-to-Know requests to the
township to get information that he plans to
address during board of commissioner meetings.
Read
More...
Court challenges could change the public's broad access to government
August 09, 2009 |
The public's right to know — which was enshrined
in a robust new Pennsylvania law that took effect
eight months ago — has become the target of
roll-back efforts by local and state agencies.
Read
More...
Senate releasing contract list online
August 07, 2009 |
HARRISBURG - The state Senate has released a list
of 66 contracts and leases that will be posted
soon on the Treasury
contracts Web site to comply with the
state open-records law. Read
More...
Some state contracts not included in e-library
August 01, 2009 |
HARRISBURG - Online for one year, the Pennsylvania
Contracts e-Library is one of the first
fruits of the state's new open records law.
This e-library ostensibly allows the public to search and review on a Web site many state contracts worth more than $5,000 that have been awarded since July 1, 2008, by state agencies and the Legislature. The open records law requires state and legislative agencies to file these contracts (with some exceptions) within 10 days after the contract is fully executed with the state Treasury for posting. But not all contracts that fit the law's requirements are on the Treasury Web site. Read More...
This e-library ostensibly allows the public to search and review on a Web site many state contracts worth more than $5,000 that have been awarded since July 1, 2008, by state agencies and the Legislature. The open records law requires state and legislative agencies to file these contracts (with some exceptions) within 10 days after the contract is fully executed with the state Treasury for posting. But not all contracts that fit the law's requirements are on the Treasury Web site. Read More...
Reporter scores Right-to-Know Law victory
July 31, 2009 |
NORRISTOWN — In a victory for public information,
an officer from the Pennsylvania Office of Open
Records granted an appeal from a Times Herald
reporter seeking documents that were originally
denied for release from a Montgomery County
authority. Read
More...
Opinion: Your access to information is under attack
July 31, 2009 |
We are just past halfway through the first year
of Pennsylvania’s new Open Records Law and the
public’s access to information is again under
siege. Read
More...
Opinion: Is it really all about safety?
July 31, 2009 |
It’s been a busy spring and summer defending
against a plethora of legislative proposals that
all reduce citizens’ access to information, from
‘shoppers’ bills that would steer controversial
legal notices to that junk mail at the foot of
your driveway, to Internet ‘advertising’ that
would give a leg up to somebody’s best buddy –
oops, pre-qualified bidder. Read
More...
OOR stays release of home addresses of public employees
July 30, 2009 |
The Office of Open Records will issue no final
determinations ordering the release of public
employee home addresses, pending resolution of a
petition made by the Pennsylvania State Education
Association by the Commonwealth Court .
Read
More...
Release of Pa. school employees' addresses halted
July 29, 2009 |
HARRISBURG, Pa. (AP) — A state appellate court
judge has ordered a temporary halt to releasing
school district employees' home addresses listed
on records requests made under Pennsylvania's new
Right-to-Know Law. Read
More...
Judge sides with school union in public-records case
July 29, 2009 |
The union representing most public school
employees in Pennsylvania yesterday won a
temporary injunction in Commonwealth Court to
shield the home addresses of all public-school
employees under the new open-records law.
Read
More...
Opinion: Will there be any info left?
July 29, 2009 |
God help us when government tries to protect us.
House Bill 1667 would amend Pennsylvania's
right-to-know law to exclude date of birth as
information of public record. Read
More...
Opinion: Court enjoins release of school employees' home addresses
July 29, 2009 |
In an order dated July 28, 2009, Commonwealth
Court Senior Judge Rochelle S. Friedman granted a
preliminary injunction prohibiting the release of
home addresses of public school employees.
Read
More...
Opinion: Public records verify government activity
July 24, 2009 |
We’ve said it before, but it really is all about
the public’s right to know – public records
verify current and past government activity, and
public notices tell us what government is
planning in our own backyard. Read
More...
Volunteer fire, ambulance squads seek exemption from disclosure law
July 24, 2009 |
Volunteer fire and ambulance organizations are
making a strong push for relief from
Pennsylvania's Right to Know Law, a movement that
is getting support in the state Legislature and
drawing criticism from open records advocates.
Read
More...
Fire company open records ruling causes heat
July 13, 2009 |
A recent court ruling excusing volunteer fire
companies from responding to requests under the
state's Right-to-Know Law was on the mark, said a
local state representative and volunteer fire
chief. A media attorney disagrees. Read
More...
Court to determine public access to 911 logs
July 12, 2009 |
York County's refusal to release addresses or
locations along with dispatch and arrival times
of emergency responders is not an attempt to stop
the York Daily Record/Sunday News from reviewing
that data, county solicitor Michael Flannelly
said Friday.
Read More...
Judge rules fire company is not public; first responders relieved
July 08, 2009 |
Scott Pierce, 40, Morris Township, appeared in
court today to stand up for his claim that the
township fire company’s records are public.
Thanks in part to support from state Rep. Matt
Baker, the judge ruled those records are not
public at all. Read
More...
Opinion: Let key reform produce more
July 07, 2009 |
Pennsylvania's new Open Records Law is far from
perfect, but it proved its worth recently when
the Associated Press used it to obtain previously
secret records on legislative initiative grants -
infamously better known as "walking around
money." Read
More...
Bracing start for state's Office of Open Records
July 06, 2009 |
One irony about Pennsylvania's Office of Open
Records: It's weirdly difficult to find. The new
state agency charged with resolving disputes over
government transparency is at the end of a long
and dim hallway in a building across the street
from the Capitol. The only indication the office
exists is a small sign at the hallway's entrance.
Inside the Office of Open Records, however,
another irony: Sunlight streams through large
windows that take up most of one wall. It is hard
to imagine a more vivid metaphor for the
challenges facing the office and Terry Mutchler,
its first executive director. Read
More...
Opinion: Let's celebrate transparent government
July 02, 2009 |
Transparency in government is worth celebrating
as we prepare to mark our country's birth
Saturday. It's been just six months since
Pennsylvania's new Right-to-Know Law took effect,
giving it a major overhaul for the first time in
52 years. Read
More...
New light shed on lawmakers' secretive grants
June 20, 2009 |
HARRISBURG, Pa. (AP) - Tens of millions of tax
dollars that support Pennsylvania lawmakers'
favored causes are directed by legislative
leaders through a secretive process that appears
to benefit some leaders' constituents the most,
according to an analysis by The Associated Press.
Read
More...
York Twp to post Right-to-Know requesters' info
June 10, 2009 |
People who make Right-to-Know requests from York
Township can soon expect to see their names
posted on the township's Web site. During a
meeting Tuesday night, the board of commissioners
voted 3-2 to post the names, dates, reasons why
requesters had made the requests and the cost
incurred by the township. Read
More...
York County to appeal open records ruling on 911 logs
June 10, 2009 |
York County solicitor Mike Flannelly said
Wednesday that the county commissioners will
appeal a decision from the state Office of Open
Records regarding what information the county
must provide about 911 dispatches. Read
More...
State: York County must give addresses in 911 logs
May 27, 2009 |
The state Office of Open Records ruled recently
that publicly released time response logs from
York County's 911 Center must include where
police or fire units were headed when they were
dispatched. The office made the ruling Friday in
response to an appeal by the York Daily
Record/Sunday News. More than two months ago, the
Daily Record/Sunday News asked the county for the
logs with addresses. Read
More...
PNA Legal Hotline: Home phone numbers not available through RTK Law
May 21, 2009 |
Q: The township supervisors do not hold
office hours during the work day and work other
full time jobs. I’d like to call them at home at
a reasonable time. Can I get their home phone
numbers via a Right to Know Law request?
Read
More...
Bill would exempt fire companies from Right to Know Law
May 18, 2009 |
Senate Majority Leader Dominic Pileggi (R-9) and
Senator Lisa Baker (R-20), chair of the Senate’s
Veterans Affairs & Emergency Preparedness
Committee, will introduce legislation to clarify
the status of volunteer fire companies and other
volunteer emergency responders under
Pennsylvania’s new Right-to-Know Law.
Read
More...
Schools peppered by Right to Know requests
May 16, 2009 |
EAST STROUDSBURG — One resident of East
Stroudsburg Area School District wanted to see
the internal investigation into how the district
sold a classroom trailer on eBay for $1. An
aspiring school board member for that district
requested all the correspondence between
administrators and board members from this year.
A sitting board member asked to receive complete
copies of legal bills.
These are some of the requests that reflect a flurry of activity sparked by the state's newly robust Right to Know Law. Since the beginning of the year, requests have been peppering the area's four school districts. Read More...
These are some of the requests that reflect a flurry of activity sparked by the state's newly robust Right to Know Law. Since the beginning of the year, requests have been peppering the area's four school districts. Read More...
PNA Legal: Records should be turned over when payment submitted
May 14, 2009 |
Q: Can agencies withhold documents until my
check clears and its financial department gives
the go ahead? Read
More...
York Township commissioner publicizes RTK requesters
May 12, 2009 |
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.
Read More...
Read More...
Pa.'s new Right-To-Know law hits some snags
May 05, 2009 |
No one said implementing Pennsylvania's new
Right-To-Know Law was going to be easy. There
have been some problems in the four months since
the law took effect. Read
More...
E-mail messages: Does the public have a Right-to-Know?
April 30, 2009 |
For employees and officials of municipal
authorities, are e-mail messages open for public
inspection? In many (if not most) cases, the
answer is a qualified yes. Moreover, surprising
as it may seem, many text messages must be kept
(in some form) for years as official public
records of the municipal authority. Read
More...
Pennsylvania's open records law sets barriers
April 21, 2009 |
Pennsylvania's updated open records law was
supposed to start an era of transparency Jan. 1,
but it has raised troubling issues along the way.
Read
More...
York Twp. official: Post names of public records seekers
April 16, 2009 |
A York Township commissioner presented a plan
during the board of commissioners' meeting
Tuesday night that would allow the township to
publish the names of people who make
Right-to-Know requests. Read
More...
Opinion: Records dichotomy
April 14, 2009 |
The executive director of the Pennsylvania Office
of Open Records complains that the Rendell
administration is throwing up roadblocks to
greater transparency. But Terry Mutchler might
want to review her own office's record.
Read
More...
Opinion: State must close open records loophole
April 10, 2009 |
It took no time at all, only about three months,
for elected Pennsylvania officials to mount a
highly significant challenge to the state's
fledgling Right-to-Know Law. Most observers
expected a push against what had been hailed by
lawmakers last year as a comprehensive defense
against efforts to keep the public in the dark,
especially the practice of conducting secret
deliberations before springing a decision upon
citizens left to wonder how they got there. And,
indeed, it appears Pennsylvania's reputation as a
Land of Secrets remains in intact. Read
More...
Public records advocate: In Pa., a 'new era of openness'
March 14, 2009 |
The York Daily Record/Sunday News asked Kim de
Bourbon, executive director of the Pennsylvania
Freedom of Information Coalition, some questions
about the state's new open records law, which is
2½ months old. Read
More...
THE WATCHDOG: Chalfont Council gets Right to Know law
March 12, 2009 |
In a victory for open government, Chalfont
Council decided Tuesday to continue recording its
meetings. That means civic-minded citizens can
stay involved by asking for copies of meeting
tapes, which they can listen to at home instead
of watching re-runs one night. Read
More...
Lobbyist-lawmaker e-mails still off limits
March 03, 2009 |
Citizens of Pennsylvania are being given
unprecedented access to the business of its
public bodies with the Right-to-Know Law
revisions. But we don't get to be a fly on the
wall. That's what e-mail correspondence between
lawmakers and lobbyists would amount to.
Read
More...
Open-records law fuels spats with municipalities
March 02, 2009 |
Every community has one: the gadfly, the
complainer, the curmudgeon. They are there to
keep local government honest, with help from the
state's new Right to Know Law that took effect in
January. But some municipalities are starting to
complain that the law is miring them in paper
work and creating logistical and financial
headaches. Read
More...
THE WATCHDOG: New records law opening up access
March 01, 2009 |
Early evidence shows Pennsylvania's new Right to
Know Law is doing what it's designed to, giving
the public more access to records that show how
governments are behaving and spending tax money.
Read
More...
Opinion: You have a right to know
February 15, 2009 |
One reason state lawmakers dragged their feet for
so long in updating Pennsylvania's weak open
records law was because they thought most voters
didn't really care much about easy access to
government documents. Read
More...
Shrewsbury Twp. couple among first to file right-to-know appeal
February 07, 2009 |
When Linda and Kurt Kurzmiller arrived Jan. 15 at
the state's new open records office in
Harrisburg, it was still under construction.
Workers were filing in and out of the North
Street building. There wasn't a sign outside to
direct them where to go. But they made it to the
office. Read
More...
Appeals show what right-to-know requests are being denied
February 07, 2009 |
When Michael J. Cavanagh submitted his public
records request to the Uniontown City Council, he
did so with the understanding that the office
would respond to the inquiry within five business
days. It didn't. Read
More...
New Open Records Law presentation Feb. 10 in Philadelphia
February 02, 2009 |
PHILADELPHIA – An educational presentation on the
state’s new open records law will be hosted by
the Pennsylvania Freedom of Information Coalition
on Tuesday, Feb. 10 in Philadelphia. Read
More...
Pennsylvania Supreme Court holds that autopsy reports are public records
February 01, 2009 |
Last month the Pennsylvania Supreme Court held
that autopsy reports are public records. Although
the court’s holding stands as a resounding
victory for public access, its long-term
implications are less clear, as the court
expressly avoided deciding whether autopsy
reports will remain accessible under the
Commonwealth’s new Right to Know Law, which went
into effect just three weeks before the Supreme
Court handed down its decision. Read
More...
A lively first month for Pa. Open Records Office
January 31, 2009 |
HARRISBURG, Pa. (AP) — Pennsylvania's fledgling
Office of Open Records, defender of the public's
interest in a transparent government, turns one
month old this weekend. Read
More...
Many citizens use open-records law for things large and small
January 21, 2009 |
On any given day Kim de Bourbon is manning the
discussion boards on the Pennsylvania Freedom of
Information Coalition Web site, answering
questions like “What recourse is available if a
county or the state refuses to respond to a
request?” or “Do community colleges and
state-owned universities have to answer requests
for number of faculty and salaries?” Read
More...
Municipalities, school districts prepared for new open records law
January 14, 2009 |
As of January 1, 2009, school districts,
municipalities, and state agencies are officially
responding to requests for information
differently. Along the Main Line, governing
bodies have crafted new policies and adopted new
procedures that align with the new Right to Know
law, which was signed into law last year and went
into effect two weeks ago.
Read More...
Read More...
Mutchler encourages activists on records law, with caveats
January 14, 2009 |
Terry Mutchler, executive director of the new
Pennsylvania Office of Open Records, told
politicians, journalists and activists yesterday
the new open-records law affords them
unprecedented access to government documents. But
she said that access comes only if Pennsylvanians
demand their public officials obey the statute’s
spirit. Read
More...
City police reports an issue under open records law
January 10, 2009 |
Should you walk into York's City Hall and glimpse
a new sign that refers to the revamped
Pennsylvania Right-to-Know Law, pay attention to
the wording that mentions the availability of
police records. Read
More...
Pa. open-records law takes effect today
January 01, 2009 |
HARRISBURG - As she crisscrossed the state during
the summer to train public officials in the
nuances of the state's new open-records law,
Terry Mutchler's message boiled down to a single,
defining guideline. Read
More...
New York expert raps new Pa. records law
December 27, 2008 |
ALBANY — While Pennsylvania's new Right-to-Know
Law is widely considered a major change for the
better, a longtime New York open-government
expert claims it is fraught with potential
problems. Read
More...
V: Pa.'s new law improves state's access reputation
December 26, 2008 |
V: Q & A — Pa. law provides paper option for electronic files
December 26, 2008 |
Q: What
if the public record I want is in electronic
form, but I don't have access to a
computer? Read
More...
IV: In Pa., neglected records may mean longer waits
December 25, 2008 |
IV: Q & A — Can non-Pa. residents seek records under new law?
December 25, 2008 |
Q: Can I
be denied a public record under Pennsylvania's
new Right-to-Know Law because I am not a
Pennsylvania resident? Read
More...
III: New Pa. law opens up government contractor records
December 24, 2008 |
HARRISBURG, Pa. (AP) — Private businesses that do business with state and local governments in Pennsylvania are about to find themselves having to make some of their records available to the public. Read More...
III: Q & A — Will the Right-to-Know Law foster identity theft?
December 24, 2008 |
Q: Will
Pennsylvania's new Right-to-Know Law make it
easier for someone to steal my identity?
Read
More...
II: Q & A – What is the Pa. Office of Open Records?
December 23, 2008 |
I: New Pa. open records law seen as key to public access
December 22, 2008 |
HARRISBURG, Pa. (AP) — Public-access advocates hope that widely shared frustration will subside after Jan. 1, when an overhaul of the state's Right-to-Know Law takes effect. The changes are expected to dramatically expand what people can find out about what goes on behind the scenes of the state and local governments. Read More...
I: Q & A — What makes new Pa. open-records law different?
December 22, 2008 |
Q: What
is the major difference between Pennsylvania's
old and new Right-to-Know laws?
Read
More...
I: Pa. Right-to-Know law contains 30 exceptions
December 22, 2008 |
Pennsylvania's new
Right-to-Know Law contains exceptions for 30
categories of records. Most do not apply to
financial records or aggregated data, such as
spreadsheets and databases. A summary of the
exceptions: Read
More...
I: How to file a Right-to-Know request under Pa. law
December 22, 2008 |
Common
questions and answers about how to file a request
under Pennsylvania's new Right-to-Know
Law. Read
More...
I: What's public and what's not under new Pa. law
December 22, 2008 |
Examples
of information that the government must make
available to the public under Pennsylvania's new
Right-to-Know Law, and examples of government
information that will remain private:
Read
More...
THE WATCHDOG: New rules are open gift for Pa.
December 21, 2008 |
Citizens,
researchers, reporters and just plain inquisitive
folks will get a belated Christmas gift when a
new law takes effect Jan. 1 opening more
government information to public eyes. The
state's revised Right-to-Know law forces more
agencies, plus state lawmakers and judges, to
release records. It brings Pennsylvania in line
with many other states. Read
More...
Pa. open-records chief shows independent spirit
December 06, 2008 |
HARRISBURG, Pa. (AP) — Weeks before the state
Office of Open Records opens for
business, it's clear that office director Terry
Mutchler is not going to simply carry the water
for Gov. Ed Rendell — the man who appointed her
and is technically her boss. Read
More...
Agencies to charge for access to records
November 29, 2008 |
Gov. Ed Rendell, who enacted the state's expanded
open-records law with his signature, might be one
of the first to violate it if state agencies
follow a directive his office has issued.
Read
More...
On Jan. 1, a new day opens with public access to records
November 26, 2008 |
Those
municipalities and school districts that
habitually make it difficult for citizens to
obtain information about their taxpayer-supported
enterprises face a day of reckoning on Jan. 1.
That's when a new Right-to-Know Law takes effect,
with this fundamental change: All records will be
considered public documents unless specifically
exempted. Read
More...
Pennsylvania sets fee for copying public records
November 26, 2008 |
HARRISBURG — People
seeking most government records will soon pay no
more than 25 cents a page under a new state
policy. The fee system, set by the newly created
Office of Open Records, will apply to all state
agencies and municipal governments when the
state's Right to Know Law takes effect Jan.
1. Read
More...
Pa. record copies limited to a quarter a page
November 22, 2008 |
HARRISBURG (AP) —
Starting next year, citizens seeking copies of
most public records in Pennsylvania won't be
charged more than a quarter a page, under an
order that the state's open-records chief plans
to issue Monday.
Read More...
Read More...
Open government, transparency are things we should all agree on
November 11, 2008 |
Open
government and transparency are the types of
issues that people from all areas of the
political spectrum can unite behind and support.
Because when a governmental body like the Radnor
Township School Board makes a decision, as many
of my great elementary school teachers from
Radnor stressed to me when I was a student, it is
critical that they show their work.
Read
More...
Pennsylvania officials fret over beginning of open records law
October 07, 2008 |
As state
officials prepare to oversee a new open records
law, senators sought assurances Monday that the
law will not burden local governments or lead to
more identity theft. Read
More...
New open records law puts contracts online but doesn't punish non-compliant agencies
August 31, 2008 |
By SEAN ADKINS
[York] Daily Record/Sunday News
A revamped Pennsylvania Right to Know Law does not call for a state agency to be penalized should it opt not to hand over contracts that would have otherwise been included in a new online public database.
State agencies are responsible for providing the information for the online database maintained by the Pennsylvania Treasury Department.
However, the department would not take any action against a state agency that does not file a contract.
And the Right to Know Law doesn't allow for a fine or any action against the state agency for not submitting most contracts to the database.
But, the Right to Know Law does state that most contracts need to be filed with the treasury department within 10 days of a document's execution date to be posted online.
"It's almost like a self-policing type of thing," Elizabeth Kupchinsky, a treasury spokeswoman, said. "If an agency does fail to submit a contract, a member of the public can file a Right to Know request with that agency (to acquire a contract)."
A method of challenge should exist if an agency ignores the law and doesn't submit a contract to be posted online, said Melissa Melewsky, media law council with the Pennsylvania Newspaper Association.
"I certainly think we would have liked to have seen some teeth with this provision," she said. "But this is a law, and the law has to be followed."
New information online
On July 22, the treasury department unveiled the searchable online database that allows a public search through state contracts by entering criteria such as the name of the agency, grant amount or topic.
The database is not novel in that residents suddenly have access to never-before-released data, but rather now the public can view those contracts more quickly.
The money used to fund these state contracts comes from state taxes, fees and other charges, said Pennsylvania Treasurer Robin L. Weissmann.
"The whole point (for the Web site) is for people to know how their tax dollars are being spent," said Don Houser, chief of staff for Sen. Jake Corman, R-Centre County.
Corman drafted a Senate bill in June 2007 that called for an online contracts database.
Before the creation of the online database, individuals needed to make a formal request with an agency to gain access to a specific contract, Houser said.
"It was a cumbersome process," he said.
Now, each agency is bound by the updated Right to Know Law to submit most contracts worth $5,000 or more to the treasury department, where legal documents executed on or after July 1 are posted to its Web site.
For example, the query "Northwest Triangle" turns up an Aug. 22 contract in which the Pennsylvania Department of Environmental Protection has agreed to give York's redevelopment authority a $1.05 million grant to remediate the downtown site.
The money will be used to clean up the Keystone Color Works building and the soil in York's Northwest Triangle.
About the updated law
On Feb. 14, Gov. Ed Rendell inked a revamped Right-to-Know Law that favors public access to records.
Under this law, state agencies must prove that a record is non-public or that an exemption forbids access.
While most of the provisions in the law take effect on Jan. 1, 2009, the online database went into action last month.
For the most part, the contracts are between state agencies and outside parties, Weissmann said.
Not every contract worth more than $5,000 will find its way to the site.
For example, the Administrative Office of Pennsylvania Courts will create a separate Web site for its contracts, Kupchinsky said.
Also, contracts that contain information protected by certain legal principles such as attorney-client privilege are exempt.
Submissions after six weeks
So far, more than 4,600 contracts have been uploaded, Kupchinsky said.
As of Aug. 22, 67 state agencies had submitted contracts while 47 had not, she said.
Houser said to have nearly 60 percent of agencies submitting contracts only six weeks after the launch of the site is a good sign.
"My understanding is that all agencies are moving to comply," said Terry Mutchler, executive director of Pennsylvania's new Office of Open Records.
"It is incumbent for public bodies to comply with this (law)," Mutchler said.
Agencies that have not submitted contracts might have not done so because that bureau might not have executed a deal on or after July 1, Kupchinsky said.
Melewsky said she believes state agencies will submit their contracts to be posted to the treasury department's Web site.
"There is no way to know for sure if all the contracts are up there," she said. "I think there has to be some level of trust in the government. I hope it won't be an issue. I think the state agencies will follow suit. I don't predict a problem," Melewsky said.
Houser said it's in the best interest of the state for the agencies to comply.
"We are in a nature of open records here in Pennsylvania," Houser said. "If agencies are not going to comply with this, shame on them."
[York] Daily Record/Sunday News
A revamped Pennsylvania Right to Know Law does not call for a state agency to be penalized should it opt not to hand over contracts that would have otherwise been included in a new online public database.
State agencies are responsible for providing the information for the online database maintained by the Pennsylvania Treasury Department.
However, the department would not take any action against a state agency that does not file a contract.
And the Right to Know Law doesn't allow for a fine or any action against the state agency for not submitting most contracts to the database.
But, the Right to Know Law does state that most contracts need to be filed with the treasury department within 10 days of a document's execution date to be posted online.
"It's almost like a self-policing type of thing," Elizabeth Kupchinsky, a treasury spokeswoman, said. "If an agency does fail to submit a contract, a member of the public can file a Right to Know request with that agency (to acquire a contract)."
A method of challenge should exist if an agency ignores the law and doesn't submit a contract to be posted online, said Melissa Melewsky, media law council with the Pennsylvania Newspaper Association.
"I certainly think we would have liked to have seen some teeth with this provision," she said. "But this is a law, and the law has to be followed."
New information online
On July 22, the treasury department unveiled the searchable online database that allows a public search through state contracts by entering criteria such as the name of the agency, grant amount or topic.
The database is not novel in that residents suddenly have access to never-before-released data, but rather now the public can view those contracts more quickly.
The money used to fund these state contracts comes from state taxes, fees and other charges, said Pennsylvania Treasurer Robin L. Weissmann.
"The whole point (for the Web site) is for people to know how their tax dollars are being spent," said Don Houser, chief of staff for Sen. Jake Corman, R-Centre County.
Corman drafted a Senate bill in June 2007 that called for an online contracts database.
Before the creation of the online database, individuals needed to make a formal request with an agency to gain access to a specific contract, Houser said.
"It was a cumbersome process," he said.
Now, each agency is bound by the updated Right to Know Law to submit most contracts worth $5,000 or more to the treasury department, where legal documents executed on or after July 1 are posted to its Web site.
For example, the query "Northwest Triangle" turns up an Aug. 22 contract in which the Pennsylvania Department of Environmental Protection has agreed to give York's redevelopment authority a $1.05 million grant to remediate the downtown site.
The money will be used to clean up the Keystone Color Works building and the soil in York's Northwest Triangle.
About the updated law
On Feb. 14, Gov. Ed Rendell inked a revamped Right-to-Know Law that favors public access to records.
Under this law, state agencies must prove that a record is non-public or that an exemption forbids access.
While most of the provisions in the law take effect on Jan. 1, 2009, the online database went into action last month.
For the most part, the contracts are between state agencies and outside parties, Weissmann said.
Not every contract worth more than $5,000 will find its way to the site.
For example, the Administrative Office of Pennsylvania Courts will create a separate Web site for its contracts, Kupchinsky said.
Also, contracts that contain information protected by certain legal principles such as attorney-client privilege are exempt.
Submissions after six weeks
So far, more than 4,600 contracts have been uploaded, Kupchinsky said.
As of Aug. 22, 67 state agencies had submitted contracts while 47 had not, she said.
Houser said to have nearly 60 percent of agencies submitting contracts only six weeks after the launch of the site is a good sign.
"My understanding is that all agencies are moving to comply," said Terry Mutchler, executive director of Pennsylvania's new Office of Open Records.
"It is incumbent for public bodies to comply with this (law)," Mutchler said.
Agencies that have not submitted contracts might have not done so because that bureau might not have executed a deal on or after July 1, Kupchinsky said.
Melewsky said she believes state agencies will submit their contracts to be posted to the treasury department's Web site.
"There is no way to know for sure if all the contracts are up there," she said. "I think there has to be some level of trust in the government. I hope it won't be an issue. I think the state agencies will follow suit. I don't predict a problem," Melewsky said.
Houser said it's in the best interest of the state for the agencies to comply.
"We are in a nature of open records here in Pennsylvania," Houser said. "If agencies are not going to comply with this, shame on them."
AT A GLANCE
- The database: On July 22, the Pennsylvania Treasury Department launched a free online database of state contracts that allows site visitors to review the documents that had been previously available through formal requests.
- The contracts: According to Pennsylvania's updated Right to Know Law, state agencies have 10 days to file their contracts with treasury department. The department then posts the information to its site. Contracts uploaded to the treasury department's site are worth more than $5,000 and have been executed on or after July 1. So far, state agencies have posted more than 4,600 contracts to the site.
- What we found: The Right to Know Law doesn't include a provision to penalize an agency for not filing a contract with the treasury department to be posted online.
- On the Web: To use the database, go to http://contracts.patreasury.org/search.aspx. Once at the site, you can search by agency, contracting party, date or the amount of the contract.