Looking ahead
Mar 3rd, 2008 by JamieB
Several people and organizations have asked questions and made suggestions about what happens now – that the opens record law as passed but will not go into effect until January 1, 2009. This is a very important question – both in term of making sure that a law it took us 50 years to get is respected and effectively enforced and of understanding is public ramifications. This is a discussion that needs your input, so let us know what you think about all aspects – what foresee, what you think should be done, what you think this blog should do now that the law is passed, etc.
Some thoughts and questions of others:
• A few days ago, for example, the Pennsylvania Newspaper Association announced to its members: “In the two weeks that have passed since Senate Bill 1, now known as Act 3, was signed into law, we’ve had ample opportunity to ponder the abundance of state records and programs that might bear investigation someday under a right-to-know request, as the House and Senate Appropriations Committees grill the various department secretaries and heads of state agencies in the exercise known as budget hearings.
We’re eagerly awaiting the news of the Governor’s appointment of the first Executive Director of the Office of Open Records, and will certainly share our thoughts on progress as the office is established.
• Rick Blum wrote to remind us that the law “will not enforce itself” and to suggest that we continue to keep our eye on its implementation and oversight:
Congratulations on a strong step forward for open government in Pennsylvania. The new law, however, will not enforce itself. Ensuring the new law is followed as it was intended will require public oversight and watchdogging how it gets implemented. Consider carrying on the blog in a new form or providing some ongoing analysis from a public perspective of how the new law is being followed. It surely will not be the last word on open government in Pennsylvania.
How will open records and other reform efforts affect the upcoming elections?
• Kori Walter of The Intelligencer discusses how such issues effected elections in the recent past:
House Majority Leader Bill DeWeese (D-Greene) is a poster child for how competitive elections can lead to better lawmaking.
DeWeese had been one of the biggest opponents of openness in state government.
He could afford to thumb his nose at the public. His legislative district is drawn to make sure that he seldom faced a serious election opponent.
And if a bona fide challenger steps up, organized labor and other contributors can turn on the campaign cash spigot to help DeWeese financially drown out his opponent because Pennsylvania has no limits on campaign contributions.
Then in 2006, DeWeese got the scare of his political life.
He came within 1,000 votes of being tossed out of office due to public outrage over the 2005 legislative pay raise fiasco.
The competitive election, DeWeese admits, was a factor in his jumping on a crowded reform bandwagon and led to his joining the push for an enhanced open records law.
• The Intelligencer also discusses how the law’s passage might affect at least on upcoming race:
On the heels of passage of Pennsylvania’s first open records law in decades, which state Rep. Timothy Mahoney began working on when he first took office a little more than a year ago, Mahoney officially announced Friday he will seek a second term.
“On my first day, I spoke of getting an open records law that the people of Pennsylvania have been expecting for many years and that day has arrived,” said Mahoney (D-South Union).
• The Beaver County Times turns its attention to PHEAA: Credibility is like a savings account. The good will you build up comes in handy when things turn sour.
That applies to public institutions as well as individuals.
It’s too bad the Pennsylvania Higher Education Assistance Agency failed to grasp that point.
The state agency says that poorly performing markets, including sub-prime mortgages and bonds, are threatening its ability to provide grants and loans to potential college students. PHEAA officials met Thursday with state and federal lawmakers and educational and financial leaders to push their cause.
This from the same agency that has spent hundreds of thousands of dollars on luxury retreats for its board members and high-ranking officials and handed out millions of dollars in employee bonuses since 2004.
Because of its mission, PHEAA’s request should receive consideration. Not for the agency’s sake, though, but for the people it is supposed to be serving. PHEAA handed out 162,502 awards in 2006-07, with students receiving an average of $3,135. The focus must be on doing what it best for them.
One thing is certain. The agency had better not hand out performance bonuses or luxury retreats for years to come.
Should we forget that Mahoney does not want to include email and past records as public information. And should we forget that Mahoney said he felt posting his expense records on line was too much to pick apart? And what about his comment that there have already been too many investigations in this damn state?