passopenrecords.org

This is the second part of my report from the Pittsburgh chapter of the Society of Professional Journalists and the PA Freedom of Information Coalition’s Forum on Open Government & Pennsylvania Open Records Law Workshop.

In the second session, How Pennsylvania’s Current Open Records Law is Being Used, moderated by Bob Mayo of WTAE-TV, the participants shared accounts of their own experiences with our open records law. On deck for this session were Tim Potts, Executive Director of Democracy Rising Pennsylvania; Jim Parsons, Investigative Reporter for WTAE-TV; Johnathan Silver, Reporter for the Pittsburgh Post-Gazette; James Manolis, an Attorney for the New Castle News; and Beverly Schenck, a private citizen who has taken her open records request to the PA Supreme Court in the case of Schenck vs. Center Township, Butler County.

Tim Potts, garnering the first applause of the day, pointed out that none of the 3 bills pending in state Legislature examine open records from a citizen’s pespective, as well as questioned why the Legislature is exempt from open records laws.

Jim Parsons relayed his now-infamous battle with PHEAA for information about the agency’s lavish retreats; eventually, WTAE, the AP and the Patriot-News won their court battle, with PHEAA ordered by the court to release spending records. Before the reporters could take a look, however, PHEAA had to “redact” (read: black out) information from the bills - charging the news agencies $13,000 in “redaction fees.”

Usually, Jim observed, agencies tell you before sticking you with the bill; he recently requested information on solicitor’s fees from several Pittsburgh area schools. Most responded quickly, writing that they’d charge Jim amounts from $10 - $40 for administrative costs associated with the request. North Allegheny School District, however, wrote that the request would come with a $4,000 fee.

After the PA Auditor General released a critical report on the state of the Commonwealth’s Purchasing Card program - a system in which state employees used “purchasing cards” the same way employees of private companies would use credit cards - Jim requested information from the PA Gaming Commission about their purchasing cards. The Gaming Commission would be glad to provide the information, they wrote in a letter to Jim, if WTAE would just cut them a check for $49,000 in redaction fees. (Needless to say, Jim didn’t get to explore that story.) He hopes that any reform would expressly state that redaction fees can’t be imposed - while WTAE, the AP and the Patriot-News can swing a $13,000 fee, many redaction or copying fees would be out of reach for the average citizen.

Jonathan Silver of the Post-Gazette spoke about his experience with the police beat, with some officials witholding information because THEY - not the law - deemed it necessary, as well as his recent stories on the Pittsburgh Police Department’s promotion of three officers with allegations of domestic violence in their past. Some public officials, Jonathan noted, are acting “as feudal lords trying to keep control of their fiefdom.”

Citizen Beverly Schenck of Center Township, Butler County, has spent thousands of dollars out of her own pocket - and four years in litigation - after she tried to obtain a solicitor’s bill with itemized fees from her township. The worst part about the lawsuit, Beverly noted, is that as a township taxpayer, she is funding their $100,000 fight against her because her township refused their insurance company’s offer of legal assistance. Beverly’s case went before the PA Supreme Court on Monday, and is awaiting her final ruling.

You can read Scott Beveridge of the Washington Observer-Reporter’s experiences with open records, as well as his thoughts on the forum, at his blog.

Part 3 will appear later.