Comments for passopenrecords.org http://PassOpenRecords.Org A Movement to Lift the Lid on Pennsylvania Government Thu, 15 May 2008 03:34:10 +0000 http://wordpress.org/?v=2.3.2 Comment on Local Matters 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?

]]> Comment on Sunshine Reflections by Erik Arneson http://PassOpenRecords.Org/2008/03/26/sunshine-reflections/#comment-2319 Erik Arneson Wed, 26 Mar 2008 14:05:45 +0000 http://PassOpenRecords.Org/2008/03/26/sunshine-reflections/#comment-2319 Regarding campus police crime logs and incident reports, Act 3 of 2008 (formerly Senate Bill 1) includes this language in Section 708(b)(16), which is the exception for criminal investigations: "This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S. § 9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S. § 3754(b) (relating to accident prevention investigations)." It will be interesting to see how various agencies try to apply that language, but the intent was to make sure that basic crime logs and incident reports (i.e. "information contained in a police blotter") are always available to the public. Cheers, Erik Arneson Regarding campus police crime logs and incident reports, Act 3 of 2008 (formerly Senate Bill 1) includes this language in Section 708(b)(16), which is the exception for criminal investigations: “This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S. § 9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S. § 3754(b) (relating to accident prevention investigations).”

It will be interesting to see how various agencies try to apply that language, but the intent was to make sure that basic crime logs and incident reports (i.e. “information contained in a police blotter”) are always available to the public.

Cheers,
Erik Arneson

]]> Comment on Looking ahead (2) by Erik Arneson http://PassOpenRecords.Org/2008/03/04/looking-ahead-2/#comment-2129 Erik Arneson Tue, 04 Mar 2008 15:30:06 +0000 http://PassOpenRecords.Org/2008/03/04/looking-ahead-2/#comment-2129 Mr. Hylton makes some good points. In Senate Bill 1 (now Act 3 of 2008), we take a serious step toward making spending information available on the Internet. Chapter 17 of the law requires the Treasurer to create and maintain a searchable database of all state contracts worth $5,000 or more. This includes the exectuve branch, legislative branch and judicial branch. This portion of the bill didn't attract a lot of attention, but I think it will prove to be extremely useful. In addition, members of the Senate Republican caucus are drafting legislation that would create a complete online budget database. Hopefully, we will be able to see that enacted in 2008 as well. Finally, Senate Bill 729 (which would require the posting of state and local governmental salary information online) was passed by the Senate in May 2007 and has been in the House State Government Committee since. Cheers, Erik Arneson Mr. Hylton makes some good points. In Senate Bill 1 (now Act 3 of 2008), we take a serious step toward making spending information available on the Internet. Chapter 17 of the law requires the Treasurer to create and maintain a searchable database of all state contracts worth $5,000 or more. This includes the exectuve branch, legislative branch and judicial branch. This portion of the bill didn’t attract a lot of attention, but I think it will prove to be extremely useful.

In addition, members of the Senate Republican caucus are drafting legislation that would create a complete online budget database. Hopefully, we will be able to see that enacted in 2008 as well.

Finally, Senate Bill 729 (which would require the posting of state and local governmental salary information online) was passed by the Senate in May 2007 and has been in the House State Government Committee since.

Cheers,
Erik Arneson

]]> Comment on Looking ahead by Larry http://PassOpenRecords.Org/2008/03/03/looking-ahead/#comment-2113 Larry Mon, 03 Mar 2008 14:22:58 +0000 http://PassOpenRecords.Org/2008/03/03/looking-ahead/#comment-2113 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? 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?

]]> Comment on Looking forward by JamieB http://PassOpenRecords.Org/2008/02/18/looking-forward/#comment-2004 JamieB Thu, 21 Feb 2008 16:41:34 +0000 http://PassOpenRecords.Org/2008/02/18/looking-forward/#comment-2004 I'm not an expert on this, but it is my understanding that access to adoption records will not be affected by the new law. There are separate PA laws that currently make this information non-public. I’m not an expert on this, but it is my understanding that access to adoption records will not be affected by the new law. There are separate PA laws that currently make this information non-public.

]]> Comment on More Views on SB 1 by Rick Blum http://PassOpenRecords.Org/2008/02/08/more-views-on-sb-1/#comment-1977 Rick Blum Tue, 19 Feb 2008 17:39:16 +0000 http://PassOpenRecords.Org/2008/02/08/more-views-on-sb-1/#comment-1977 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. 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.

]]> Comment on Join in the Discussion by Randy S Hersh http://PassOpenRecords.Org/join-in-the-discussion/#comment-1970 Randy S Hersh Mon, 18 Feb 2008 18:34:13 +0000 http://PassOpenRecords.Org/join-in-the-discussion/#comment-1970 Hi, I am a resident of NJ. Will I be able to make a Pub Records request under the new law. Under the current law, one had to be a PA resident. Thanks, Randy S Hersh rshersh@gmail.com Hi,

I am a resident of NJ. Will I be able to make a Pub Records request under the new law. Under the current law, one had to be a PA resident.

Thanks,

Randy S Hersh
rshersh@gmail.com

]]> Comment on Looking forward by Gordon Davis Jr. http://PassOpenRecords.Org/2008/02/18/looking-forward/#comment-1969 Gordon Davis Jr. Mon, 18 Feb 2008 15:12:06 +0000 http://PassOpenRecords.Org/2008/02/18/looking-forward/#comment-1969 It is my hope that the PNA will be as passionate about the many other shortcomings of our state government as they have been about open records. It should be much easier to "follow the money" after Jan. 1 and I sincerely hope that the press will do just that. Even though we have a new open records law, Pennsylvania continues to be among the most corrupt states in the nation. When it comes to reform, SB1 is just an appetizer. The main course has not yet been served. It is my hope that the PNA will be as passionate about the many other shortcomings of our state government as they have been about open records. It should be much easier to “follow the money” after Jan. 1 and I sincerely hope that the press will do just that. Even though we have a new open records law, Pennsylvania continues to be among the most corrupt states in the nation. When it comes to reform, SB1 is just an appetizer. The main course has not yet been served.

]]> Comment on SB 1 is headed to Rendell by Keith Filer http://PassOpenRecords.Org/2008/02/13/sb-1-is-headed-to-rendell/#comment-1945 Keith Filer Sat, 16 Feb 2008 00:06:42 +0000 http://PassOpenRecords.Org/2008/02/13/sb-1-is-headed-to-rendell/#comment-1945 I was wondering will this open up adoption records I have been trying for years to locate my BIO parents I hope this will aid in my search. This is the best thing that has happened for Pa. in years I was wondering will this open up adoption records I have been trying for years to locate my BIO parents I hope this will aid in my search. This is the best thing that has happened for Pa. in years

]]> Comment on SB 1 and Penn State by Left of Centre http://PassOpenRecords.Org/2008/02/13/sb-1-and-penn-state/#comment-1923 Left of Centre Thu, 14 Feb 2008 14:07:15 +0000 http://PassOpenRecords.Org/2008/02/13/sb-1-and-penn-state/#comment-1923 <strong>Jake Did It!...</strong> Jake Corman confesses to Adam Smeltz in today's CDT that he's in Spanier's pocket and proud of it. Throw Jake Corman out of office.... Jake Did It!…

Jake Corman confesses to Adam Smeltz in today’s CDT that he’s in Spanier’s pocket and proud of it. Throw Jake Corman out of office….

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