Other questions
Jan 22nd, 2008 by JamieB
Here are some of the concerns recently raised about the pending open records bill by Tim Potts of Democracy Rising Pa.
• Enforcement. There are two concerns: 1) the penalties for violating the law, and 2) the costs when citizens must go to court to obtain public records.
The best open records laws create both civil and criminal penalties for agencies and officials who intentionally violate the law. They also have tougher penalties for repeat offenders. But SB 1 has only a civil penalty of $1,000 no matter how often or unreasonably an agency or official misbehaves.
When citizens must go to court, the expenses can be high. The best and most citizen-friendly law would require courts to award attorney fees and court costs, either when agencies stonewall citizens or when citizens make frivolous requests. Yet SB 1 makes such awards optional, even when an agency repeatedly violates the law willfully, wantonly or unreasonably.
• Lobbyist and constituent communications. The best laws recognize that citizens have the right to know who is trying to influence their lawmakers and with what information and inducements. Citizens deserve to know the nature of the debate and how to argue for their own interests with those who represent them.
SB 1 keeps the records secret - not just names but entire records - of anyone who “requests assistance or constituent services from a member of the General Assembly.” That’s not good enough.
• Pay to Play. This new section, Section 905, allows agencies to refuse to provide documents if the requester hasn’t paid the fee for a previous request. News organizations point out that this gives agencies and officials an incentive and an opportunity to stonewall a single controversial request and thereby deny indefinitely any number of other non-controversial requests.