Monroe Co. judge overturns two open records rulings
By Dan Berrett
Pocono Record Writer
A Monroe County judge overturned two rulings made by the state's new Office of Open Records, which will keep information about the paychecks of public employees and pre-meeting materials out of view.
The decisions by Monroe County President Judge Ronald Vican during the past two weeks reversed determinations made by the Office of Open Records. His rulings are likely to be appealed to the Commonwealth Court.
Earlier this year, the OOR ruled in favor of two citizens who requested information from two local school districts under the state's new Right to Know Law.
The first, filed by the Rev. Andre Felder, sought board packets exchanged from January to March between the superintendent of the East Stroudsburg Area School District and its board members.
The school district supplied the supporting materials, but denied copies of e-mails and other communications on the grounds that they reflected pre-decisional advice and discussions. The OOR found in Felder's favor, and ordered the release of the full board packets.
The district argued that the packets contained opinions on agency business that had yet to be discussed in public, and that separating the factual bits from the advisory ones would prove burdensome.
Vican agreed that the packets qualified as public records, but found that the entire contents were exempt from disclosure.
"The Board packet was pre-decisional in nature," Vican wrote in his Oct. 7 opinion. "There is no evidence that the material in the Board packets was issued for the purpose of rendering a decision, or that the Board did anything but informally review the packets for its own edification."
Terry Mutchler, executive director of the OOR, said her office was likely to appeal Vican's decision to the appellate level.
"It is our view that having a decision saying all board packets are pre-decisional is too broad a brush," she said. "We don't think there should be a blanket exception for every document."
Mutchler acknowledged that Vican's ruling was correct, in part; some documents are legitimately pre-decisional. But, she added, the blanket use of this exception under the law was so broad, "you can drive a truck through it."
Vican's other decision reversed the OOR's ruling on W-2 forms. Mary Ann Zeldenrust requested the forms belonging to administrators at Pocono Mountain School District.
The forms for Pocono Mountain's administrators include information about mileage reimbursements, which are made at a flat rate each month regardless of how much they actually drive.
The OOR ordered the release of the W-2 forms, with redactions of private information, such as the employees' Social Security numbers and home addresses.
Zeldenrust told Vican in court in August that she requested the forms because she wanted to know how much of the mileage money was actually being used for vehicles and how much was augmenting salaries.
Vican, however, agreed with the district's argument that all of the information on the form was inherently personal. The forms may include deductions for retirement accounts, for example, as well as other individual financial decisions, such as how they itemize their taxes.
"The school district does not control how the employee treats the money for tax purposes," Vican wrote in his Oct. 2 opinion.
"Clearly, this decision is a personal decision made by the employee," he continued. "To allow Requester to have access to the W-2 form would make Requester privy to personal financial decision made by the individual employee."
Mutchler said her office would likely not appeal Vican's decision on the matter of the W-2 forms, due to her office's limited resources and the nature of the case.
"The public should be able to account for every dime," Mutchler said. "At the same time, there has to be a modicum of privacy."
Zeldenrust said that other government officials had been known to provide their W-2 forms, and that she would appeal.
Pocono Record Writer
A Monroe County judge overturned two rulings made by the state's new Office of Open Records, which will keep information about the paychecks of public employees and pre-meeting materials out of view.
The decisions by Monroe County President Judge Ronald Vican during the past two weeks reversed determinations made by the Office of Open Records. His rulings are likely to be appealed to the Commonwealth Court.
Earlier this year, the OOR ruled in favor of two citizens who requested information from two local school districts under the state's new Right to Know Law.
The first, filed by the Rev. Andre Felder, sought board packets exchanged from January to March between the superintendent of the East Stroudsburg Area School District and its board members.
The school district supplied the supporting materials, but denied copies of e-mails and other communications on the grounds that they reflected pre-decisional advice and discussions. The OOR found in Felder's favor, and ordered the release of the full board packets.
The district argued that the packets contained opinions on agency business that had yet to be discussed in public, and that separating the factual bits from the advisory ones would prove burdensome.
Vican agreed that the packets qualified as public records, but found that the entire contents were exempt from disclosure.
"The Board packet was pre-decisional in nature," Vican wrote in his Oct. 7 opinion. "There is no evidence that the material in the Board packets was issued for the purpose of rendering a decision, or that the Board did anything but informally review the packets for its own edification."
Terry Mutchler, executive director of the OOR, said her office was likely to appeal Vican's decision to the appellate level.
"It is our view that having a decision saying all board packets are pre-decisional is too broad a brush," she said. "We don't think there should be a blanket exception for every document."
Mutchler acknowledged that Vican's ruling was correct, in part; some documents are legitimately pre-decisional. But, she added, the blanket use of this exception under the law was so broad, "you can drive a truck through it."
Vican's other decision reversed the OOR's ruling on W-2 forms. Mary Ann Zeldenrust requested the forms belonging to administrators at Pocono Mountain School District.
The forms for Pocono Mountain's administrators include information about mileage reimbursements, which are made at a flat rate each month regardless of how much they actually drive.
The OOR ordered the release of the W-2 forms, with redactions of private information, such as the employees' Social Security numbers and home addresses.
Zeldenrust told Vican in court in August that she requested the forms because she wanted to know how much of the mileage money was actually being used for vehicles and how much was augmenting salaries.
Vican, however, agreed with the district's argument that all of the information on the form was inherently personal. The forms may include deductions for retirement accounts, for example, as well as other individual financial decisions, such as how they itemize their taxes.
"The school district does not control how the employee treats the money for tax purposes," Vican wrote in his Oct. 2 opinion.
"Clearly, this decision is a personal decision made by the employee," he continued. "To allow Requester to have access to the W-2 form would make Requester privy to personal financial decision made by the individual employee."
Mutchler said her office would likely not appeal Vican's decision on the matter of the W-2 forms, due to her office's limited resources and the nature of the case.
"The public should be able to account for every dime," Mutchler said. "At the same time, there has to be a modicum of privacy."
Zeldenrust said that other government officials had been known to provide their W-2 forms, and that she would appeal.