On Jan. 1, a new day opens with public access to records
Opinion | The
Patriot-News
RECKONING
Those municipalities and school districts that habitually make it difficult for citizens to obtain information about their taxpayer-supported enterprises face a day of reckoning on Jan. 1.
That's when a new Right-to-Know Law takes effect, with this fundamental change: All records will be considered public documents unless specifically exempted.
That's a radical change from current law, under which the burden of proving that a record belongs in the public domain falls on the person or organiza tion making the request.
The newly created Office of Open Records has been holding workshops, as has the Pennsylvania Newspaper Association in conjunc tion with var ious govern mental associations, to get the word out. They've been explaining the finer points of the most important law to come out of the all-too-brief pe- riod of legislative reform that followed public outrage with the over-the-top 2005 pay raise for lawmakers. For now, Pennsylvania continues to operate under what is generally regarded as one of the weakest open-records laws in the country.
There likely will be a shake-out, or learning phase, early next year when the law goes into effect. Inevitably, there are those who will fail to get with the program, either for lack of direction from the top or a predisposition toward fulfilling popular notions of what constitutes a bureaucrat.
The new law contains a wide range of improvements. For the first time, the General Assembly is covered by open-record requirements. Also covered that previously were not are community colleges and state-related universities, such as Penn State.
The new law provides an appeal process through the open records office that doesn't require an attorney. Agencies also must respond more quickly to requests for records -- within five business days -- and fines for violating the law can go as high as $1,500.
The office has announced a new fee schedule for documents that puts the maximum charge at 25 cents a page.
As with any new law, there are bound to be differences of interpretation that will end up in court. But the intent of the law is clear: Unless the release of a record would disclose personal information, such as an individual's medical records, violate attorney-client privilege, put the security of a facility at risk, compromise proprietary information or otherwise jeopardize the safety of an individual, the public has a right to see official records.
There are, to be sure, 30 categories of exemptions, but by and large the great of body of public information will be open for inspection. And that's the way it should be, for it should never be forgotten that the various agencies of state, county and municipal governments, as well as school districts, public universities and authorities, were created by the people to conduct the people's business, giving the people an inherent right to know what's being done in their name.
© 2008 Patriot-News | © 2008 PennLive.com All Rights Reserved.
RECKONING
Those municipalities and school districts that habitually make it difficult for citizens to obtain information about their taxpayer-supported enterprises face a day of reckoning on Jan. 1.
That's when a new Right-to-Know Law takes effect, with this fundamental change: All records will be considered public documents unless specifically exempted.
That's a radical change from current law, under which the burden of proving that a record belongs in the public domain falls on the person or organiza tion making the request.
The newly created Office of Open Records has been holding workshops, as has the Pennsylvania Newspaper Association in conjunc tion with var ious govern mental associations, to get the word out. They've been explaining the finer points of the most important law to come out of the all-too-brief pe- riod of legislative reform that followed public outrage with the over-the-top 2005 pay raise for lawmakers. For now, Pennsylvania continues to operate under what is generally regarded as one of the weakest open-records laws in the country.
There likely will be a shake-out, or learning phase, early next year when the law goes into effect. Inevitably, there are those who will fail to get with the program, either for lack of direction from the top or a predisposition toward fulfilling popular notions of what constitutes a bureaucrat.
The new law contains a wide range of improvements. For the first time, the General Assembly is covered by open-record requirements. Also covered that previously were not are community colleges and state-related universities, such as Penn State.
The new law provides an appeal process through the open records office that doesn't require an attorney. Agencies also must respond more quickly to requests for records -- within five business days -- and fines for violating the law can go as high as $1,500.
The office has announced a new fee schedule for documents that puts the maximum charge at 25 cents a page.
As with any new law, there are bound to be differences of interpretation that will end up in court. But the intent of the law is clear: Unless the release of a record would disclose personal information, such as an individual's medical records, violate attorney-client privilege, put the security of a facility at risk, compromise proprietary information or otherwise jeopardize the safety of an individual, the public has a right to see official records.
There are, to be sure, 30 categories of exemptions, but by and large the great of body of public information will be open for inspection. And that's the way it should be, for it should never be forgotten that the various agencies of state, county and municipal governments, as well as school districts, public universities and authorities, were created by the people to conduct the people's business, giving the people an inherent right to know what's being done in their name.
© 2008 Patriot-News | © 2008 PennLive.com All Rights Reserved.