A historic victory on open records
Opinion • Feb. 17, 2008
The (Washington) Observer-Reporter
As of the first of next year, Pennsylvania will have a new open records law. Not every aspect of the law is perfect, but it makes historic changes to a system that has been arguably the worst in the country.
The present law that dates to the 1950s defines a public record in very narrow terms: In order to be open, a record must deal either with an expenditure of money or specify the rights of an individual. Further, the burden is on the citizen to demonstrate that a particular record is open.
The new law flips the presumption. A governmental record will now be presumed open unless the agency that holds it can show otherwise. That's a major victory in itself - the culmination of years of work by newspapers and reform groups.
The law contains an acknowledgment that records belong to the public. The governmental agencies and officials are merely the caretakers of the documents.
The state will have to set up a central office to set policies and deal with disputes about what should be released. Penalties will be stiffer for agencies that violate the law, and state agencies will have to respond faster to requests for records.
For the first time, the law will guarantee access to many records of the state Legislature. It also will cover the four state-related universities — Pitt, Penn State, Lincoln and Temple. There also is increased public access to 911 tapes.
Critics of the legislation have focused mainly on the exceptions. Agencies can withhold, for example, the names, ages and addresses of juveniles. Still, this is a vast improvement on a system that worked the opposite way: The few records that were available to the public were the exception, and closure was the rule.
There also are concerns that when access to a record is denied, the appeals process is cumbersome and costly; and penalties for officials who violate the law are still not strict enough.
We are cynical enough to believe that true open records reform never would have happened had it not been for the public outcry that followed the 2005 pay raise. A cowed Legislature understood that the citizens really were serious about wanting change.
But whatever the motives, this is a battle we fought for years, and it's a significant victory for the public's right to know.
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