Judge rules fire company is not public; first responders relieved
By Jason Przybycien
The Wellsboro Gazette
Scott Pierce, 40, Morris Township, appeared in court today to stand up for his claim that the township fire company’s records are public. Thanks in part to support from state Rep. Matt Baker, the judge ruled those records are not public at all.
Almost 50 guests attended the hearing, most of them wearing brick red Morris Township Fire Company shirts. First responders from other local companies also attended, as did concerned advocates from other parts of the state.
Fire company officers were relieved after the ruling.
Speaking for herself and the company’s treasurer, Secretary Melanie Herb said, “The relief this judgment has made for us – just the burden for us to put together all the paperwork – it’s a huge relief.”
“This is one piece of harassment that’s going to be off our shoulders,” said Fire Chief Dean Kreger. “We just don’t have any more volunteer hours to give.”
Pierce had filed a request Feb. 11 under the state’s new Right to Know Law seeking records of the fire company’s finances and activities. The company denied that they were subject to the RTKL, so Pierce appealed the case to the state Office of Open Records on Feb. 24.
OOR ruled that the fire company’s by-laws, response logs, financial records and meeting minutes were public. They stipulated that the company should redact any personal health information and identifiers and provide the records to Pierce. Though OOR ruled that company correspondence was also public, they said Pierce’s request was not specific enough in that area.
The fire company’s solicitor, Bill Hebe of Wellsboro, appealed the case April 24 to the Tioga County Court of Common Pleas, resulting in today’s hearing. In the interim, members of the state House of Representatives entreated Tioga County President Judge Robert Dalton Jr. to rule that the company was not subject to the RTKL.
Dalton did so, saying that OOR had misinterpreted the law. Pierce does not plan to appeal the case to the Commonwealth Court.
“The judge ruled the way he did and so be it,” Pierce said. “The OOR didn’t exactly back my play and I’m certainly not going to go any further with it.”
The 47-member House Republican Caucus, including local Rep. Matt Baker, filed an amicus brief in support of the fire company. They argued that the OOR misinterpreted the law when it broadly said volunteer fire companies are similar to “local agencies” because that was not the intention of the legislators who passed the law.
Brett Feese, the caucus’s chief counsel, filed the brief and appeared in court with Hebe.
“I’m here because Matt made the request and recruited the other members,” Feese said after the hearing.
To prove that they are the ones who passed the law, the caucus attached the roll call from the House’s unanimous passage of the RTKL on Feb. 11, 2008. Baker’s name was on the list.
“We would all love to attend the court hearing to show our state-wide support for our volunteer fire and EMS men and women,” Baker said. “But we are in session all week voting here at the Capitol.”
The caucus agreed with Hebe that it would place an undue burden on volunteer fire companies to respond to an unpredictable number of RTKL requests.
Rep. Frank A. Farry, who describes himself as the only sitting volunteer fire chief who also serves as a state representative, sent a letter to Dalton echoing that argument.
“These organizations are ill equipped and lack the necessary resources to handle open record requests,” Farry wrote. “It will be financially crippling if they are forced to retain counsel to review requests, and it will only be a matter of time before an organization accidentally releases personal information, whether it be of a member or a patient, potentially causing harm.”
Clair “Butch” Clemens, a retired fire chief from the Hatfield area, attended the hearing. He said townships and fire companies should work closely together, and that their relationship should not lead to extra work through open record requests to the fire company.
“It’s very important that they have the support of the township supervisors to maintain a well-run fire company, which Morris Fire Company is,” Clemens said after the hearing.
Another guest at the hearing was Thomas Savage III, executive director of the state Fire & Emergency Services Institute. He said first responders around the state will be watching to see if OOR cites Dalton’s decision and denies record requests to other volunteer companies.
“From a legislative standpoint, I thought the judge made the right decision,” Savage said.
The Wellsboro Gazette
Scott Pierce, 40, Morris Township, appeared in court today to stand up for his claim that the township fire company’s records are public. Thanks in part to support from state Rep. Matt Baker, the judge ruled those records are not public at all.
Almost 50 guests attended the hearing, most of them wearing brick red Morris Township Fire Company shirts. First responders from other local companies also attended, as did concerned advocates from other parts of the state.
Fire company officers were relieved after the ruling.
Speaking for herself and the company’s treasurer, Secretary Melanie Herb said, “The relief this judgment has made for us – just the burden for us to put together all the paperwork – it’s a huge relief.”
“This is one piece of harassment that’s going to be off our shoulders,” said Fire Chief Dean Kreger. “We just don’t have any more volunteer hours to give.”
Pierce had filed a request Feb. 11 under the state’s new Right to Know Law seeking records of the fire company’s finances and activities. The company denied that they were subject to the RTKL, so Pierce appealed the case to the state Office of Open Records on Feb. 24.
OOR ruled that the fire company’s by-laws, response logs, financial records and meeting minutes were public. They stipulated that the company should redact any personal health information and identifiers and provide the records to Pierce. Though OOR ruled that company correspondence was also public, they said Pierce’s request was not specific enough in that area.
The fire company’s solicitor, Bill Hebe of Wellsboro, appealed the case April 24 to the Tioga County Court of Common Pleas, resulting in today’s hearing. In the interim, members of the state House of Representatives entreated Tioga County President Judge Robert Dalton Jr. to rule that the company was not subject to the RTKL.
Dalton did so, saying that OOR had misinterpreted the law. Pierce does not plan to appeal the case to the Commonwealth Court.
“The judge ruled the way he did and so be it,” Pierce said. “The OOR didn’t exactly back my play and I’m certainly not going to go any further with it.”
The 47-member House Republican Caucus, including local Rep. Matt Baker, filed an amicus brief in support of the fire company. They argued that the OOR misinterpreted the law when it broadly said volunteer fire companies are similar to “local agencies” because that was not the intention of the legislators who passed the law.
Brett Feese, the caucus’s chief counsel, filed the brief and appeared in court with Hebe.
“I’m here because Matt made the request and recruited the other members,” Feese said after the hearing.
To prove that they are the ones who passed the law, the caucus attached the roll call from the House’s unanimous passage of the RTKL on Feb. 11, 2008. Baker’s name was on the list.
“We would all love to attend the court hearing to show our state-wide support for our volunteer fire and EMS men and women,” Baker said. “But we are in session all week voting here at the Capitol.”
The caucus agreed with Hebe that it would place an undue burden on volunteer fire companies to respond to an unpredictable number of RTKL requests.
Rep. Frank A. Farry, who describes himself as the only sitting volunteer fire chief who also serves as a state representative, sent a letter to Dalton echoing that argument.
“These organizations are ill equipped and lack the necessary resources to handle open record requests,” Farry wrote. “It will be financially crippling if they are forced to retain counsel to review requests, and it will only be a matter of time before an organization accidentally releases personal information, whether it be of a member or a patient, potentially causing harm.”
Clair “Butch” Clemens, a retired fire chief from the Hatfield area, attended the hearing. He said townships and fire companies should work closely together, and that their relationship should not lead to extra work through open record requests to the fire company.
“It’s very important that they have the support of the township supervisors to maintain a well-run fire company, which Morris Fire Company is,” Clemens said after the hearing.
Another guest at the hearing was Thomas Savage III, executive director of the state Fire & Emergency Services Institute. He said first responders around the state will be watching to see if OOR cites Dalton’s decision and denies record requests to other volunteer companies.
“From a legislative standpoint, I thought the judge made the right decision,” Savage said.