Why local governments need statewide reform
Oct 10th, 2007 by JamieB
Most of the requests for open records occur at the county, school district and municipal levels. So does the confusion about how those local bodies are supposed to respond – and the frustration that comes from different and often contradictory response. That is precisely why we need to have reform at the state level – so that both local officials and the people they serve can understand the law – and so that people across Pennsylvania can have the same expectations of openness and transparency in government at every level. In my conversations with Senator Pileggi and Representative Mahoney, both said that uniformity on this issue would really help local officials who are struggling to do the right thing – but often don’t know what that is.
So it is interesting that open records is becoming an issue in some local elections – just as Rep. Mahoney made it the basis of his first run for the legislature in 2006.
• Dems push online access to county records
Open records and transparency emerge as issues in the commissioners’ race. Republicans counter that the county has made many improvements to its Web site.
An open records policy, a searchable database of contracts and online access to budgets and financial reports are among changes Democrats running for Bucks County commissioner said they would institute if elected.
Lower Makefield Supervisor Steve Santarsiero and Middletown Supervisor Diane Marseglia also criticized incumbent commissioners for failing to put agendas online until the evening before the meetings and for locking the door to their suite of offices in the courthouse in Doylestown.
GOP Commissioner Jim Cawley struck back, saying the challengers’ own townships don’t provide these services.
“It is again another case of, “Do as I say, not as I do,’ ” said Cawley, who is running with Commissioner Charley Martin. He went on to say the county has made many improvements to its Web site with more to come and is implementing a computer network that will streamline and modernize county functions.
“We remain committed to doing whatever it is we can to help the public get the information and services it can in as efficient and user-friendly fashion as we can,” Cawley said.
*Santarsiero stressed Democrats’ plan to implement a county open records policy that would assume records are open and shift the burden to the county to prove why the public would not be entitled to documents.
“We want to institute a local records law that is far more open than the state law,” he said, adding that he will propose a similar change in Lower Makefield tonight. Democrats said they would standardize methods of making records available to the public, including the courts and row offices, and reduce the 25 cents per page copy cost.
*Democrats propose creating a searchable online database of contracts, including the name and location of the company, the amount of the contract and a description of the contract. Once the online system is set up, the information will be available no more than 30 days after the award, they said.
• A Gold Star for Stephanie Mitchell - Open Records Challenge
Today my search for Williamsport on the Web yielded this interesting find.
A blog entitled PASSOPENRECORDS.ORG, with the byline “A Movement to Lift the Lid on Pennsylvania Government,” references Williamsport city clerk Stephanie M. Mitchell, calling her “one of Pennsylvania’s lone bright spots.” Of course, I would argue that Stephanie is not the only good thing going in all of Pennsylvania, but I thought her glittering review would be a nice thing to bring to public attention.
“Stephanie is apparently one of Pennsylvania lone bright spots. My experience with her was nothing short of pleasant. In the 5 minutes I spent with her, she tried to save me money, offered me coffee and peanut M&M’s and made a joke about a sign hanging on her wall.”
The PASSOPENRECORDS blog is dedicated to discussion of Open Records reform in Pennsylvania. Apparently blog readers / participants receive a challenge involving the access of public records. I think many who undertake the challenge are expecting to be thwarted by mean, wrinkly faced information-Nazis, thus giving the challengers the opportunity to enjoy demanding their rights, with proudly waved regulatory references as their key.
But Williamsport passed the Open Records test with flying colors, and sweet Stephanie earned us a gold star.
• Proposed law empowers Pennsylvanians
In Summit Township on Sept. 11, the Summit Township Industrial & Economic Development Authority voted to send a $13.8-million reimbursement application to Erie County Council on behalf of Presque Isle Downs & Casino.
But when Erie Times-News reporter John Guerriero, acting in the newspaper’s role as public watchdog, asked to see the application, the authority said no. It refused a request to allow the public immediate access to a public document.
Guerriero was told to follow the authority’s policy, which required a formal, written request, after which its solicitor would determine whether it is a public record. If so, the record could be copied for a fee of 25 cents a page.
This ultimately cost the Erie Times-News $65.50 to get a copy of the document. This would cost you the same, but you can stop by the newspaper to review the document. No charge.
In a legal sense, what Summit officials did falls within the open-records law.
It also arrogantly violates the spirit of the law. It’s a perfect example of why a beefed-up open-records law is needed.
The new law would begin with the presumption that records held by public agencies are public records.
And public officials would have to justify why they couldn’t release a document to you.