passopenrecords.org

In recent letters to the Daily Local News of West Chester, both Rep. Barbara McIlvaine Smith and Gordon Davis, Jr. weigh in against the version of House Bill 443 that came out of the State Government Committee and is now before the full House.

• Citizens have right to review records

The points contained in your recent editorial (Nov. 7), in which you criticized the amended version of H.B. 443, the proposed “Open Records Act,” are well taken. It is unthinkable that citizens have to overcome significant obstacles in attempting to gain access to government records. People in a democracy should have access to public information without having to deal with exceptionally long time frames or unreasonable expenses for copies. Yet, here in Pennsylvania, we continue to have one of the weakest laws in the nation.

In its original form, H.B. 443 would have gone a long way toward “letting the sunshine in” – enabling citizens to review expenditures, contracts and other governmental activities without impediment. It would have established an independent agency, the Pennsylvania Public Records Office, to adjudicate complaints from people whose requests for information were denied. I supported amendments that strengthened the bill, such as the one offered by state Rep. Josh Shapiro allowing the State Ethics Commission to appoint the director of the new agency as opposed to that appointment being made by the governor. I also voted to remove the provision allowing a government agency to refuse a request on the basis that it was too broad or too burdensome.

Unfortunately, most of the revisions made during the debate on the bill served to considerably weaken it. I voted against those amendments, including the one that would exempt all e-mails.

The discussion on open records is far from over. The debate on H.B. 443 is expected to continue when we return to session this month. The Senate has already passed similar legislation. It is my hope that we can come to an agreement that will enable the people of Pennsylvania to review government records without interfering with ongoing investigations or violating the privacy of an individual.

Barbara McIlvaine Smith
State Representative
156th Legislative District

• The General Assembly is about to give us yet another clear indication of the ethical abyss that is Pennsylvania state government. As reported in the DLN editorial of Wednesday, Nov. 7, House Bill 443, which initially showed some promise for open records reform, has been gutted by a flood of amendments. The bill, in its current form, is a slap in the face to every Pennsylvania citizen. It is more restrictive than current law and would make Pennsylvania’s open records law the most restrictive in the country.

Gordon Davis Jr.
Downingtown