After months of promises and foot-dragging, the Pennsylvania Senate has passed a bill to greatly improve access to information about the operation of Pennsylvania’s state and local governments. The state House will likely consider similar legislation next week.
Pennsylvania’s current law is so wishy-washy, agency officials often decide whether documents are open or not. Remember last summer when PennDOT said bridge inspection reports were not public information? After an outcry, Transportation Secretary Allen Biehler announced the records would be released. It was the correct decision, but it should not have been his decision.
Pennsylvania needs an open records law that clearly spells out what documents are available for review. We are a step closer to it.
But even when Pennsylvania lawmakers do the right thing, they include loopholes.
The proposed reforms would include 28 exceptions — categories of documents that would remain secret.
Some of these exclusions are not controversial. They include portions of employee personnel records, information from ongoing criminal investigations and documents whose release would jeopardize federal funds.
Other exceptions are worrisome. Exception No. 17 is: “A record of an agency relating to a noncriminal investigation, including: complaints submitted to an agency, (and) investigative materials, notes, correspondence and reports.”
Would the bridge inspection reports be public under the new law?
It is possible that the new law would actually throw a cloak of secrecy over records that citizens can now review. Fewer exclusions means more public access to information.
Harrisburg politicians may be notoriously wary of public review, but the reforms should have implications closer to home too. A citizen may be more likely to encounter intolerance of public review at a township or school district office than when visiting a state agency. The proposed law may have a very meaningful impact there. An Open Records Clearinghouse has been proposed. This agency would handle appeals filed when a person is denied access to a record. Just as importantly, the clearinghouse would train state and local officials about the open records law. It is hoped the training will promote a culture change so citizens’ right to know is fostered, not discouraged.
Opinion
Exceptions weaken open records reforms
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