Campaign pushes to expand state open records law
and foster public debate on issue
Pennsylvania Newspaper Association unveils passopenrecords.org blog
to give public way to participate in critical discussion of access to government information
April 25, 2007
HARRISBURG – Saying there has never been a better time to push for more openness in the state, the Pennsylvania Newspaper Association today launched a new campaign to increase the public’s access to government information.
Putting a fresh angle on the debate for open records, PNA has created a blog, passopenrecords.org, that will allow citizens from across the state to get involved in the campaign.
The effort is focused on state legislation to expand Pennsylvania’s open records law, considered one of the most restrictive in the nation.
"This state has a long, sad tradition of keeping its citizens in the dark when it comes to information about government operations,” said Tim Williams, PNA’s President. Some recent examples include the following:
— The Pennsylvania Higher Education Assistance Agency spent $862,000 in board retreats over a five year period, yet fought a lengthy and expensive court battle (which it eventually lost) to keep the expense details private.
— The Pennsylvania State University has fought to keep the salary of football coach Joe Paterno private, despite the fact that Paterno participates in the State Employees’ Retirement System and the university receives millions in state funding each year. That case is before the Pennsylvania Supreme Court.
— In 2005 and 2006, Pennsylvania legislators paid $3.6 million in taxpayer-funded bonuses to legislative staffers. These payments were not previously disclosed because the General Assembly has exempted itself from the state’s open records law and did not release the information until recently.
A 2002 survey by the government watchdog group, Better Government Association, ranked Pennsylvania’s open records environment 48th out of the 50 states. The commonwealth tied with Alaska, and only Alabama and South Dakota were considered worse. On the final report card, Pennsylvania received a grade of F.
PNA has been calling for more government openness for years but has been met with significant opposition from legislators and others. But, Williams said, in the last year taxpayers across Pennsylvania have rediscovered their collective voice in demanding government accountability. Their agenda includes expanding access to government information, and lawmakers are listening.
In an effort to capture the public debate on this issue – which often occurs locally and far from Harrisburg -- PNA created passopenrecords.org. Jamie Blaine, a former newspaper publisher, teacher and consultant, is the blog editor and says he wants to provide people with a home for discussing greater government access.
“This is an issue that unites people across a broad political and philosophical spectrum,” said Blaine. “And the timing is right because of the reform movement that has been growing in Harrisburg ever since the public expressed its anger over the legislative pay raise at the polls last November.”
The blog will share the latest news, views and information in an effort to help move Pennsylvania to enact a modern open records law. “The support for expanded open records laws makes clear that the public believes it is entitled to be informed fully about the activities of its government officials,” Blaine said, and he urged visitors to make the blog a wide-ranging conversation by posting their views on the debate.
PNA believes Pennsylvania's access laws must be amended to include the following:
1. Acknowledgment that records belong to the public. The public is entitled to know and be informed fully about the conduct and activities of government.
2. Improved definition of "public record" and a presumption of access. Records in the possession or control of a public agency must be presumed to be accessible to the public. The law should include specific exemptions for records that are not public.
3. Burden of proof on agency. In Pennsylvania, the person seeking access must prove a right to that access. In most states, however, the burden is on the agency to show that specific information is not public under the law.
4. Broader definition of "agency." The definition of "agency" must include the General Assembly, state-related universities and any organization or entity that relies substantially on taxpayers' money.
5. Administrative appeal/Office of Access. Pennsylvania must create an Office of Access to hear appeals and furnish advisory guidelines, opinions and other appropriate information about the laws to both agencies and citizens.
6. Meaningful penalties. Penalties for open records law violations need to be enforced and the fines increased to make them meaningful.
PNA is optimistic lawmakers will follow the will of taxpayers and finally enact meaningful open records reforms, Williams said. Legislators could take up the measure before summer. He added that the blog will create an important ongoing dialogue keeping the issue of public access fresh in the minds of the public and state officials.
“I believe Pennsylvania lawmakers finally have come to a crossroads on open records,” Williams said. “It is plainly clear which direction the public wants them to take.”