Times-Tribune (Scranton), Oct. 16

Work on Open Records Law progresses

BY ROBERT SWIFT
HARRISBURG BUREAU CHIEF

The pace of efforts to strengthen Pennsylvania’s Open Records Law is quickening with key legislative votes anticipated in coming days, said lawmakers and bill supporters Monday, Oct. 15.

A bipartisan cast of lawmakers outlined progress on open records legislation at a press conference sponsored by reform groups and the Pennsylvania Newspaper Association.

Proposals to give Pennsylvanians widespread access for the first time to government documents are a mainstay of the reform wave that has swept the Capitol since the legislative pay raise was repealed two years ago.

The existing law dates to 1957 and has drawn criticism from reformers for its presumption that records aren’t public documents unless a citizen can prove otherwise.

A common feature of open records bills is to reverse that standard and declare that state, county and municipal records are presumed accessible to the public unless stipulated by law.

The House State Government Committee is scheduled to vote on an open records bill version on Oct. 17; a full House vote could occur as early as next week, said House Deputy Speaker Josh Shapiro, D-Montgomery.

Senate Majority Leader Dominic Pileggi, R-Chester, said “substantial progress” is being made on what he calls the No. 1 priority of the fall session. Mr. Pileggi is sponsoring an open records bill.

Even as lawmakers pledged their support for an open records overhaul, they heard a plea from a Butler County woman who has an open records appeal before the Pennsylvania Supreme Court. Beverly Schenck said she has spent thousands of dollars of her own money and four years in litigation trying to obtain a township solicitor’s bill with itemized fees. She urged lawmakers to pass a strong bill.

“I don’t want to be appeased by a bill that does nothing,” said Ms. Schenck. “I want a bill with few exceptions.”

Agreement on a list of records that would be off-limits to the public eye is something House lawmakers and senators will have to work out.

The bill should draw exceptions for records with Social Security numbers that could subject individuals to identity fraud, said Rep. Babette Josephs, D-Philadelphia, chairwoman of the House state government panel.

She said records that could reveal a business’ trade secrets should be kept off-limits, too.

Sen. James Ferlo, D-Allegheny said he lists 20 exceptions in his open records bill, including documents that refer to ongoing police investigations, medical records, financial records of private businesses and personal identity.

The PNA wants any bill language on records exceptions to be clearly and narrowly written so it can’t be applied on a broad scale.

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