Access to county public documents examined
EDITOR'S NOTE: As part of the Associated
Press' Right-to-Know Law audit, staff writers
Kent Jackson, Coulter Jones and Bob Kalinowski
canvassed communities in The Citizens'
Voice's and Standard-Speaker's
coverage area over several days in October.
They made requests for what are supposed to be
public documents, and didn't identify
themselves as newspaper reporters until
pressed. Here's what they encountered:
HANOVER TWP. -- The state's new Right-to-Know Law lets the public see logs from 911 calls, but the Luzerne County 911 Center where the calls ring is not set up for public access.
A cross arm blocked the only entrance to the parking lot and a sign said not to enter on Oct. 7 when a reporter arrived to test the law.
The reporter parked on the road above the center, walked through the gate and asked to read the log from Oct. 3. An official said he couldn't release the logs because they contained personal information protected by the Health Insurance Portability and Accountability Act. The law makes public only time-response logs.
Another official, however, said the county would release time-response logs through its Right-to-Know Office.
WILKES-BARRE - Luzerne County's Right-to-Know Office is in the basement of the courthouse, adjoining the office of the solicitor, who advises which requests comply with the law.
The Right-to-Know officer also handled a request to see the county's three most recent grant applications, initially made to the county's grant writer on Oct. 7.
On Oct. 15, the officer mailed a letter stating she couldn't provide the grant applications in a timely manner because of "bona fide and specified staffing limitations."
She telephoned on Oct. 29 to say the grant applications were available to read. A county official blacked out information on one of the applications - for a grant to develop an energy plan for county government - to avoid releasing details that contractors could have used to fix prices before bidding.
She also e-mailed copies of the 911 log on that day. Before sending the e-mail, she telephoned to ask if the reporter wanted anything specific because the log might take 1,000 pages. The reporter told her not to print 1,000 pages but asked to read the log on the screen. The officer didn't think the public was allowed into the area with the computers. If the information had to be reformatted, she said she would deny the request.
When e-mailed, the logs took up 31 pages, and the officer said it was easy for a worker to delete the personal information before forwarding the logs.
KINGSTON - Kingston police provided a log of their calls on Oct. 3 a few minutes after being asked for it.
Before turning over the logs, a dispatcher took the reporter's driver's license to a back room for about five minutes.
A man whom someone else in the room referred to as the chief asked the reporter to identify himself after he had provided his license.
"Do I have to say to see the log?" asked the reporter, who tried to avoid stating his occupation or why he wanted the information.
The official said the police didn't show their logs to just anybody.
After being told the request was for the Standard-Speaker, the official, while walking out of the station, turned and said to the dispatcher: "Give him what we give the Times Leader and The Citizens' Voice. Nothing more."
WILKES-BARRE - At Wilkes-Barre City Hall, the city clerk said providing a copy of a building inspector's job application would cost $3.50. After payment was made by mail, seven pages arrived by return mail.
The law says charges cannot exceed 25 cents per page so the documents should have cost $1.75. Told about the discrepancy, the clerk mailed a refund for the overpayment.
WILKES-BARRE AREA SCHOOL DISTRICT - A secretary at the Wilkes-Barre Area School District asked a reporter seeking to see the superintendent's contract to complete a Right-to-Know form, but no one collected it.
The business manager, when informed of the request, reached into a cabinet, pulled out a copy of the contract and handed it over. He also answered questions about the contract, including the amount of the superintendent's salary, which wasn't spelled out. The salary is $155,504.
HAZLE TWP. - The township secretary, said there would be "no problem" obtaining the three most recent grant applications, except there was a problem. Township Supervisor Anthony Matz, the township's opens records law officer, would be out of the office until Oct. 19. There was no alternate, she said.
After Oct. 19, the secretary responded to say the documents were available. She was pleasant and helpful during the process, but explained she couldn't produce the information without Matz's involvement.
The secretary never asked if it was a media request, but suspected such. She said, "If you are a newspaper reporter, I don't want my name in the paper."
HAZLETON AREA SCHOOL DISTRICT - When a reporter, who didn't identify himself as such, asked to obtain a copy of the superintendent's contract, a secretary said, "I don't think they'll give you that."
After making a few phone calls, she asked why and where the requester worked. "Does it matter?" the reporter asked. She said yes. When it was revealed, she consulted with superiors, who asked for a written request. A written request was made on the spot.
Two days later, Danene Dura, the school's public records official, called and said she was honoring the request. She faxed the contract to the newspaper.
HAZLETON CITY - Upon request for the resume of Public Works Director Frank Vito, a secretary in the finance and accounting office said the resume likely was in the mayor's office nearby, but his secretary was temporarily out of the office.
She told the requester, who didn't identify himself, to fill out a standard open records request form - directed to Mary Ellen Lieb, the city's open records officer - and come back in about 30 minutes.
Upon return, the resume was ready to pick up, with no questions asked and no charges.
WEATHERLY - Acting Police Chief Brian Markovchick took the walk-in request for the department's police blotter for Oct. 3. He said all he could do was describe the nature of the seven incidents that occurred on that day - a protection from abuse violation, an animal complaint, harassment, and others.
After pressing for the reason behind the requester's visit, it was revealed that it was a media request. He then let the requester look through the call log for the day, but said he had to cover a portion of each report that contained sensitive information such as Social Security numbers and names of people under investigation.
He said the police department doesn't generate a police blotter each day, but would create one when asked. He said no one ever in his 16 years has come to the police station to request a police blotter.
HANOVER TWP. -- The state's new Right-to-Know Law lets the public see logs from 911 calls, but the Luzerne County 911 Center where the calls ring is not set up for public access.
A cross arm blocked the only entrance to the parking lot and a sign said not to enter on Oct. 7 when a reporter arrived to test the law.
The reporter parked on the road above the center, walked through the gate and asked to read the log from Oct. 3. An official said he couldn't release the logs because they contained personal information protected by the Health Insurance Portability and Accountability Act. The law makes public only time-response logs.
Another official, however, said the county would release time-response logs through its Right-to-Know Office.
WILKES-BARRE - Luzerne County's Right-to-Know Office is in the basement of the courthouse, adjoining the office of the solicitor, who advises which requests comply with the law.
The Right-to-Know officer also handled a request to see the county's three most recent grant applications, initially made to the county's grant writer on Oct. 7.
On Oct. 15, the officer mailed a letter stating she couldn't provide the grant applications in a timely manner because of "bona fide and specified staffing limitations."
She telephoned on Oct. 29 to say the grant applications were available to read. A county official blacked out information on one of the applications - for a grant to develop an energy plan for county government - to avoid releasing details that contractors could have used to fix prices before bidding.
She also e-mailed copies of the 911 log on that day. Before sending the e-mail, she telephoned to ask if the reporter wanted anything specific because the log might take 1,000 pages. The reporter told her not to print 1,000 pages but asked to read the log on the screen. The officer didn't think the public was allowed into the area with the computers. If the information had to be reformatted, she said she would deny the request.
When e-mailed, the logs took up 31 pages, and the officer said it was easy for a worker to delete the personal information before forwarding the logs.
KINGSTON - Kingston police provided a log of their calls on Oct. 3 a few minutes after being asked for it.
Before turning over the logs, a dispatcher took the reporter's driver's license to a back room for about five minutes.
A man whom someone else in the room referred to as the chief asked the reporter to identify himself after he had provided his license.
"Do I have to say to see the log?" asked the reporter, who tried to avoid stating his occupation or why he wanted the information.
The official said the police didn't show their logs to just anybody.
After being told the request was for the Standard-Speaker, the official, while walking out of the station, turned and said to the dispatcher: "Give him what we give the Times Leader and The Citizens' Voice. Nothing more."
WILKES-BARRE - At Wilkes-Barre City Hall, the city clerk said providing a copy of a building inspector's job application would cost $3.50. After payment was made by mail, seven pages arrived by return mail.
The law says charges cannot exceed 25 cents per page so the documents should have cost $1.75. Told about the discrepancy, the clerk mailed a refund for the overpayment.
WILKES-BARRE AREA SCHOOL DISTRICT - A secretary at the Wilkes-Barre Area School District asked a reporter seeking to see the superintendent's contract to complete a Right-to-Know form, but no one collected it.
The business manager, when informed of the request, reached into a cabinet, pulled out a copy of the contract and handed it over. He also answered questions about the contract, including the amount of the superintendent's salary, which wasn't spelled out. The salary is $155,504.
HAZLE TWP. - The township secretary, said there would be "no problem" obtaining the three most recent grant applications, except there was a problem. Township Supervisor Anthony Matz, the township's opens records law officer, would be out of the office until Oct. 19. There was no alternate, she said.
After Oct. 19, the secretary responded to say the documents were available. She was pleasant and helpful during the process, but explained she couldn't produce the information without Matz's involvement.
The secretary never asked if it was a media request, but suspected such. She said, "If you are a newspaper reporter, I don't want my name in the paper."
HAZLETON AREA SCHOOL DISTRICT - When a reporter, who didn't identify himself as such, asked to obtain a copy of the superintendent's contract, a secretary said, "I don't think they'll give you that."
After making a few phone calls, she asked why and where the requester worked. "Does it matter?" the reporter asked. She said yes. When it was revealed, she consulted with superiors, who asked for a written request. A written request was made on the spot.
Two days later, Danene Dura, the school's public records official, called and said she was honoring the request. She faxed the contract to the newspaper.
HAZLETON CITY - Upon request for the resume of Public Works Director Frank Vito, a secretary in the finance and accounting office said the resume likely was in the mayor's office nearby, but his secretary was temporarily out of the office.
She told the requester, who didn't identify himself, to fill out a standard open records request form - directed to Mary Ellen Lieb, the city's open records officer - and come back in about 30 minutes.
Upon return, the resume was ready to pick up, with no questions asked and no charges.
WEATHERLY - Acting Police Chief Brian Markovchick took the walk-in request for the department's police blotter for Oct. 3. He said all he could do was describe the nature of the seven incidents that occurred on that day - a protection from abuse violation, an animal complaint, harassment, and others.
After pressing for the reason behind the requester's visit, it was revealed that it was a media request. He then let the requester look through the call log for the day, but said he had to cover a portion of each report that contained sensitive information such as Social Security numbers and names of people under investigation.
He said the police department doesn't generate a police blotter each day, but would create one when asked. He said no one ever in his 16 years has come to the police station to request a police blotter.