Herald-Standard (Uniontown), Oct. 13

Senators support open records changes

By Jennifer Harr, Herald-Standard

A group of state senators convened a public policy hearing Oct. 11 on proposed changes in the open records law, and indicated their support of giving broader public access to those records.

Sen. Richard Kasunic, D-Dunbar, chairman of the Democratic Policy Committee, hosted the hearing. Also attending were Sens. Gerald J. LaVelle, D-Beaver County; Wayne Fontana, D-Allegheny County; Jay Costa Jr., D-Allegheny County; and John Wozniak, D-Cambria County.

Several people testified before the senators, including state Sen. Jim Ferlo, D-Allegheny County, who spoke to his colleagues about a bill he was part of introducing in April. That bill creates the presumption that records are public, and puts the onus on agencies to show that they are not.

The current law, which is more than half a century old, puts that onus on the person or entity requesting the records.

"It's time for us to clean up state government," he said.

His bill includes exceptions to what is open to the public, but Ferlo said those exceptions are important to ensure privacy and security concerns are met.

Ferlo's bill also expands the definition of what is considered a government agency, and creates an office to deal with requests for records. He proposed that office would deal with uniformity in what is released, hear appeals and issue legal opinions of what fits under a revised open records law.

The bill also calls for harsher monetary penalties for agencies that deny people access to public records.

Ferlo said this bill differs from the one proposed by Republican state Sen. Dominic Pileggi of Chester County because the Pileggi bill leaves the onus on the individual making the request to show that a record is public.

The Democrat-sponsored bill more fully addresses the need for change to the law, Ferlo said.

State Rep. Tim Mahoney, D-South Union Township, who sponsored an open records bill in the House, testified that opening government is "probably the most important thing we will do this year." He said that his bill is centered on making it easy for the public to see where their money is going.

Until taxpayers can see where their money is going, Mahoney suggested that lawmakers would have little public trust.

"We have to put the trust back in Harrisburg," Mahoney said.

He indicated that he hoped that his bill would be up for a vote by the end of the month.

"I can tell you, I'm going to try like hell to get it moved," Mahoney said, indicating he has support from both parties. "We, the people in Harrisburg, we need to be statesmen, not politicians. We need to work for the people, not the lobbyists."

Kasunic agreed that records should be easier to access.

"If everything's right, and we're above board, we should not be afraid to give records to the public," Kasunic said.

Herald-Standard Executive Editor Mark O'Keefe also spoke before the committee, voicing his support of a revised open records law.

"We believe the current law, which dates back to the 1950s, is archaic, has too many gaps and does not address the informational needs of citizens in the modern era," O'Keefe said. "We are encouraged that you are holding this hearing as a means of rectifying those shortcomings."

O'Keefe also cited several issues concerning open records that the newspaper has come up against, including the delayed release of a street department contract in Connellsville, and the lawsuit the paper filed to gain access to former state Rep. Larry Roberts' home and cell phone bills.

LaVelle asked how much the legal battles have cost the paper, and O'Keefe said that it has come at a "substantial" financial cost.

O'Keefe said that media outlets do not want more access to public information than the average citizen -- but said that greater access is needed.

He also noted that the media understands exceptions to open records.

Teri Henning, general counsel for the Pennsylvania Newspaper Association, said she recognizes that there have to be exceptions to any open records law in the interest of privacy and security.

"The trick is not to write the exceptions so broadly that they swallow the rule," Henning said.

She suggested that exceptions be clear-cut, so that there are few gray areas for denying the release of records.

Henning too said that the agencies should have the burden of providing the records -- or proving why they aren't covered under a revised open records law. She also supported a state office to handle records requests, and said that penalties for not abiding by a new law should be stiffer.

Fontana and LaVelle each expressed concern about how the records would be used by media outlets, questioning if the whole story would be told.

"Greater access makes things more accurate," Henning said.

She further noted that calls that come in the PNA's legal hotline are from reporters trying to make sure they have the story right.

LaVelle said he "wholeheartedly" supports access to public records. He questioned Henning about whether media should reveal their sources because they would have greater public records access.

"You are publicly funded, but the media is not," Henning said.Kasunic called the current open records laws "inadequate."

"It needs to be addressed and changes brought forth," Kasunic said. "This is not window dressing ... this is not a dog and pony show, we're very serious about this."

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