Comments on: Local Matters http://PassOpenRecords.Org/2008/04/09/local-matters/ A Movement to Lift the Lid on Pennsylvania Government Fri, 16 May 2008 12:08:15 +0000 http://wordpress.org/?v=2.3.2 By: veblen http://PassOpenRecords.Org/2008/04/09/local-matters/#comment-2396 veblen Wed, 09 Apr 2008 15:31:40 +0000 http://PassOpenRecords.Org/2008/04/09/local-matters/#comment-2396 Could the provision in the new law which opens the records of private companies which perform essential government services be use to go after information related to the spending from the the state-related universities general fund budgets? That's the portion of the budget which is funded, in part, by the Commonwealth. I'm not a lawyer, but this new provision is, I believe, in line with the case law under the old law. Further, the state-related universities were not mentioned under the old law, but case law held them exempt from open record requests. That case law however goes out the window under the new law. The new open records law does mention state-related universities, but does not make them subject to open record requests. On the other hand, neither does it explicitly hold them to be exempt from such requests. I think it is time for new case law to be established on this. Come next January a news organization with deep pockets-forget the Centre Daily Times, the editor Bob Heisse is too in love with Penn State to pursue this-should make an open records request of the state-related universities which will be refused. They should then litigate under the clause which opens the records of private business which perform essential state functions. What do the lawyers out there think? Could the provision in the new law which opens the records of private companies which perform essential government services be use to go after information related to the spending from the the state-related universities general fund budgets? That’s the portion of the budget which is funded, in part, by the Commonwealth.

I’m not a lawyer, but this new provision is, I believe, in line with the case law under the old law. Further, the state-related universities were not mentioned under the old law, but case law held them exempt from open record requests. That case law however goes out the window under the new law.

The new open records law does mention state-related universities, but does not make them subject to open record requests. On the other hand, neither does it explicitly hold them to be exempt from such requests.

I think it is time for new case law to be established on this. Come next January a news organization with deep pockets-forget the Centre Daily Times, the editor Bob Heisse is too in love with Penn State to pursue this-should make an open records request of the state-related universities which will be refused. They should then litigate under the clause which opens the records of private business which perform essential state functions.

What do the lawyers out there think?

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