Judge: York Co. can withhold addresses in 911 response logs
Judge rules county refusal is in compliance with
Right-To-Know law.
By RICK LEE
[York] Daily Record/Sunday News
York County President Judge Richard K. Renn ruled Thursday the county is in compliance with the commonwealth's Right-To-Know law when it refuses to release addresses in emergency time response logs.
➤ Read the judge's decision
"This is a classic case of where a statute tries to balance the privacy of crime victims or accident victims with the public's right to know," county solicitor Michael Flannelly said. "I think the judge correctly defined it."
Daily Record/Sunday News managing editor Randy Parker said the newspaper has not decided if it will appeal Renn's ruling.
"Basically, the county and the court have said, 'Trust the government,'" Parker said. "We believe the public is entitled to the information needed to judge the government's work. We do believe this is a set-back for open government."
The matter came before Renn when the county, citing privacy concerns, denied a York Daily Record/Sunday News request for time response logs, including addresses. The newspaper asked for the information to audit emergency services response times.
The newspaper appealed the county's refusal to the state's Office of Open Records, which concluded time response logs should include addresses. The county appealed that determination to Common Pleas Court.
In a 15-page decision, Renn ruled the only information required to be released in time response logs are:
The county relied on the floor discussion between former Rep. Chris King, D-Bucks County, and Rep. Russell Fairchild, R-Snyder and Union counties, published in the House Legislative Journal for Feb. 11, 2008, three days before the Right-To-Know statute was signed into law.
In that exchange, King assured Fairchild, incorrectly according to Pileggi's office, that addresses would be exempt from open records releases.
"I think Judge Renn has resolved that issue," Flannelly said.
Parker said he was "not aware of any facts presented in this case that supported" the county's position that releasing addresses would jeopardize crime or accident victims.
He said the paper's intent was "hopefully to show they (emergency responders) are doing a great job."
"You cannot assess the value of the public services without this information," Parker said. "We contend the 'privacy concerns' were greatly exaggerated by the county. We think the question was improperly framed between the right to public information and the right to privacy."
In his ruling, Renn noted the reason behind an open records request "is not a relevant consideration as to whether the information should be provided."
By RICK LEE
[York] Daily Record/Sunday News
York County President Judge Richard K. Renn ruled Thursday the county is in compliance with the commonwealth's Right-To-Know law when it refuses to release addresses in emergency time response logs.
➤ Read the judge's decision
"This is a classic case of where a statute tries to balance the privacy of crime victims or accident victims with the public's right to know," county solicitor Michael Flannelly said. "I think the judge correctly defined it."
Daily Record/Sunday News managing editor Randy Parker said the newspaper has not decided if it will appeal Renn's ruling.
"Basically, the county and the court have said, 'Trust the government,'" Parker said. "We believe the public is entitled to the information needed to judge the government's work. We do believe this is a set-back for open government."
The matter came before Renn when the county, citing privacy concerns, denied a York Daily Record/Sunday News request for time response logs, including addresses. The newspaper asked for the information to audit emergency services response times.
The newspaper appealed the county's refusal to the state's Office of Open Records, which concluded time response logs should include addresses. The county appealed that determination to Common Pleas Court.
In a 15-page decision, Renn ruled the only information required to be released in time response logs are:
- The time a call is received by 911;
- The time the emergency responder is contacted;
- The time the responder departs for the scene;
- The time the responder arrives at the scene;
- And the time the responder clears the scene.
The county relied on the floor discussion between former Rep. Chris King, D-Bucks County, and Rep. Russell Fairchild, R-Snyder and Union counties, published in the House Legislative Journal for Feb. 11, 2008, three days before the Right-To-Know statute was signed into law.
In that exchange, King assured Fairchild, incorrectly according to Pileggi's office, that addresses would be exempt from open records releases.
"I think Judge Renn has resolved that issue," Flannelly said.
Parker said he was "not aware of any facts presented in this case that supported" the county's position that releasing addresses would jeopardize crime or accident victims.
He said the paper's intent was "hopefully to show they (emergency responders) are doing a great job."
"You cannot assess the value of the public services without this information," Parker said. "We contend the 'privacy concerns' were greatly exaggerated by the county. We think the question was improperly framed between the right to public information and the right to privacy."
In his ruling, Renn noted the reason behind an open records request "is not a relevant consideration as to whether the information should be provided."