PA Open Records Law

If you are regular reader of my blog, you will know that I am a great advocate of transparent government. I believe it is in our best interest to have greater public input on all matters that affect our daily lives. With our current technology and the hope of even greater access to information in the future, there is no reason to limit the ability of our citizens to access critical public information about any government agency or branch.

This is why the Senate bill 1 is so interesting. As reported by the Morning Call February 1 2008 and the Express-Times February 5, 2008 editorials, the PA State Senate revised the PA House version of the Open Records law. The revised bill places the burden of proof on the government, instead of the citizens on which records are public. It does eliminate language that would have kept past legislative records secret.

However, the bill has created separate standards for the Legislature/Judiciary branch and the Executive branch. The revised bill defines an open record as an executive or local government document. This means all Legislative and Judiciary records are not defined as public records. It does not make sense to create separate standards for various parts of the government. I think the Morning Call has it right; “What is fair for one public servant should be fair to all” (See Morning Call Editorial for February 1, 2008).

The bill does not eliminate the so called nuisance type fees that municipalities can charge for duplicating or researching requests for public information. According to the Express-Times editorial “The law would allow exemptions for police investigative reports, home and personal cell-phone numbers, medical records and Social Security numbers to protect privacy and to protect against identity theft. Letters to elected officials from constituents also would be shielded” (See Express-Times Editorial for February 5, 2008).

In my humble opinion, this is a step in the right direction, so I am hoping the PA Senate passes the bill.

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Sincerely,

David Billings