The weekly newsletter of the Pennsylvania Newspaper Association

October 19, 2006


 

Centre Daily Times, Oct. 15

Making the state brighter

It isn't the main event -- that will come if and when State High Vision asks the courts to stop the high school renovation project -- but the lawsuit filed against the State College Area School District over an advisory committee's closed-door meetings bears some attention.

The suit is noteworthy if only in that it demonstrates just how abysmal Pennsylvania's open-records and open-meeting laws are.

Long-standing school district critic Don E. Gordon, along with Mary C. Marino, who are representing themselves in the suit, think the school board's Citizens Advisory Committee for Facilities should meet in public.

We think so, too. All of government's dealings -- with possible exceptions for personnel, attorney-client matters and negotiating-strategy matters -- should be open.

We, the people, represent the checks and balances in our system of self-government, and how can we perform that role if we don't know what is going on?

But state law on this is maddeningly vague, especially when it deals with quasi-government agencies -- advisory boards and the like -- and even when it is specific, the law lacks teeth.

The school district's attorney, Scott Etter, has said no statute states whether the advisory committee meetings should be open or closed, so those in power decided to side with secrecy.

Some argue that committee members may be reluctant to make a suggestion, offer advice or discuss a contentious issue other than behind closed doors.

But any idea worth talking about is worth talking about in public, out in the open. We are a self-governing society. We don't have a ruling class that makes decisions for us poor unfortunates who just wouldn't understand the complexities involved.

The Pennsylvania Newspaper Association, of which we are a member, is seeking several changes to the state's open-meetings law known as the Sunshine Act, including: specifically making informational sessions and preliminary discussions subject to open-meeting requirements; placing the burden on the agency to show that a specific discussion may be held behind closed doors; creating an "Office of Access" to hear appeals and furnish advisory guidelines; and increasing penalties for willful violations.

The association is asking candidates for the General Assembly to sign on to its Brighter Pennsylvania campaign to strengthen the public's right to know what its government is doing.

So far, 125 incumbents and candidates have done so, including Scott Conklin and Barbara Spencer, candidates for the 77th House District seat, Michael Hanna, incumbent state representative from the 76th District, and three state Senate candidates from the 34th District: Democrat Jon Eich, Libertarian Tom Martin and independent Robert Cash.

Incumbent state Rep. Kerry Benninghoff, who is unopposed, and incumbent state Sen. Jake Corman from the 34th District, have not lent their support to Brighter Pennsylvania.*

We believe voters have a right to know why not.

*Editor's note: Sen. Jake Corman signed the Statement of Principles on Oct. 17, after this article's publication.

 

 


 

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© 2006 Pennsylvania Newspaper Association. Limited reproduction with permission.