Some state contracts not included in e-library
BY ROBERT SWIFT
HARRISBURG BUREAU CHIEF
The [Scranton] Times-Tribune
HARRISBURG - Online for one year, the Pennsylvania Contracts e-Library is one of the first fruits of the state's new open records law.
This e-library ostensibly allows the public to search and review on a Web site many state contracts worth more than $5,000 that have been awarded since July 1, 2008, by state agencies and the Legislature.
The open records law requires state and legislative agencies to file these contracts (with some exceptions) within 10 days after the contract is fully executed with the state Treasury for posting.
But not all contracts that fit the law's requirements are on the Treasury Web site.
A case in point is the $30,000-a-year taxpayer-funded contract awarded in fiscal 2008-09 to Edward Mitchell, the Wilkes-Barre-based political consultant, to provide public relations advice to Sen. Robert Mellow, D-22, Peckville. This contract expired June 30.
The Mitchell contract is not on the e-library, treasury officials confirmed.
Mr. Mitchell was tapped to handle press calls last month following revelations that Mr. Mellow rented his district office at 524 Main St., Peckville, for seven years from a company partly owned by his then-wife, Diane, and later himself. Mr. Mellow has a spokeswoman paid $68,000 annually and oversees a large Senate Democratic caucus communications staff as minority leader.
Treasury lacks authority under the open records law to compel agencies to post contracts, said spokeswoman Elizabeth Kupchinsky.
"Treasury has no enforcement mechanism with regards to agencies posting contracts to the e-library," she added.
The Mitchell contract was obtained recently through an open records request to the Senate chief clerk's office. Senate chief clerk Russell Faber said the number of Senate contracts posted on the e-library will expand greatly within a matter of days.
The clerk's office is working with the Legislative Data Processing Center on a project to upload contracts electronically to the e-library, he added.
There are 23 Senate contracts and 16 Senate leases that fall under the posting requirement, but have yet to be posted, said Erik Arneson, spokesman for Senate Majority Leader Dominic Pileggi, R-9, Chester.
"We have been having real problems getting our system to properly interact with the Treasury's system," he added.
A search of the e-library finds postings for a number of House consulting contracts and for House lawmakers' district office leases, while the Senate contracts are mostly for computer, technical and office support services.
Some contracts are exempt from the posting requirement as privileged information between an attorney and client, said Mr. Arneson.
The Senate recently approved legislation to create a Web site posting information about state agency and legislative contracts and grants more than $25,000, state agency performance indicators and analysis of line-by-line appropriations.
House legislation would create an expanded Web site called PennWatch to post information about contracts valued from zero dollars and up, state spending and state budget information. The bill provides that the Treasury could be found in noncompliance if the Web site isn't searchable.
Rep. Jim Christiana, R-15, Beaver, the bill sponsor, said he would be open to adding provisions providing tough penalties for agencies that don't forward contracts as required.
"We need this system for (the public) to find out where their tax dollars are spent, the media to get contract information and rank-and-file lawmakers to get budget information," he said.
HARRISBURG BUREAU CHIEF
The [Scranton] Times-Tribune
HARRISBURG - Online for one year, the Pennsylvania Contracts e-Library is one of the first fruits of the state's new open records law.
This e-library ostensibly allows the public to search and review on a Web site many state contracts worth more than $5,000 that have been awarded since July 1, 2008, by state agencies and the Legislature.
The open records law requires state and legislative agencies to file these contracts (with some exceptions) within 10 days after the contract is fully executed with the state Treasury for posting.
But not all contracts that fit the law's requirements are on the Treasury Web site.
A case in point is the $30,000-a-year taxpayer-funded contract awarded in fiscal 2008-09 to Edward Mitchell, the Wilkes-Barre-based political consultant, to provide public relations advice to Sen. Robert Mellow, D-22, Peckville. This contract expired June 30.
The Mitchell contract is not on the e-library, treasury officials confirmed.
Mr. Mitchell was tapped to handle press calls last month following revelations that Mr. Mellow rented his district office at 524 Main St., Peckville, for seven years from a company partly owned by his then-wife, Diane, and later himself. Mr. Mellow has a spokeswoman paid $68,000 annually and oversees a large Senate Democratic caucus communications staff as minority leader.
Treasury lacks authority under the open records law to compel agencies to post contracts, said spokeswoman Elizabeth Kupchinsky.
"Treasury has no enforcement mechanism with regards to agencies posting contracts to the e-library," she added.
The Mitchell contract was obtained recently through an open records request to the Senate chief clerk's office. Senate chief clerk Russell Faber said the number of Senate contracts posted on the e-library will expand greatly within a matter of days.
The clerk's office is working with the Legislative Data Processing Center on a project to upload contracts electronically to the e-library, he added.
There are 23 Senate contracts and 16 Senate leases that fall under the posting requirement, but have yet to be posted, said Erik Arneson, spokesman for Senate Majority Leader Dominic Pileggi, R-9, Chester.
"We have been having real problems getting our system to properly interact with the Treasury's system," he added.
A search of the e-library finds postings for a number of House consulting contracts and for House lawmakers' district office leases, while the Senate contracts are mostly for computer, technical and office support services.
Some contracts are exempt from the posting requirement as privileged information between an attorney and client, said Mr. Arneson.
The Senate recently approved legislation to create a Web site posting information about state agency and legislative contracts and grants more than $25,000, state agency performance indicators and analysis of line-by-line appropriations.
House legislation would create an expanded Web site called PennWatch to post information about contracts valued from zero dollars and up, state spending and state budget information. The bill provides that the Treasury could be found in noncompliance if the Web site isn't searchable.
Rep. Jim Christiana, R-15, Beaver, the bill sponsor, said he would be open to adding provisions providing tough penalties for agencies that don't forward contracts as required.
"We need this system for (the public) to find out where their tax dollars are spent, the media to get contract information and rank-and-file lawmakers to get budget information," he said.