Records are more accessible
This is the first of a three-part series that looks at the state's Right-to-Know Law that took effect at the start of this year.HARRISBURG — A wealth of information about the actions and decisions of public officials has been pried loose in the year since an expansion of the state's Right-to-Know Law took effect.There are signs that the state is shedding its long-standing reputation as a public-access backwater.Whole categories of records that previously were difficult and sometimes impossible to obtain are being exposed to public scrutiny. Those include internal e-mails and once-secret details in personnel files to 911 call logs and records in the hands of government contractors."It is night and day from the old law," said Mary Catherine Roper, an American Civil Liberties Union lawyer in Philadelphia who has been involved in cases this year seeking access to police and prison records. "This is a huge step forward for openness and accountability in government."The old law guaranteed access only to specific categories of records, where the new law presumes that all records are public, beyond a list of 30 exceptions.And a new agency, the Office of Open Records, has been putting to use its power to issue binding decisions.Requests for records have surged since the law took effect in January, with many state government departments reporting the number of Right-to-Know Law requests submitted has doubled.Through November, agencies under Gov. Ed Rendell fielded 4,994 Right-to-Know requests for the year, an average of nearly 14 a day, and granted about 80 percent of them, at least in part.To measure the new law's impact, dozens of Pennsylvania news organizations conducted a freedom of information audit, coordinated by The Associated Press.The Butler Eagle participating in this project.Over two days in October, auditors lodged 274 requests for five types of records: grant applications, 911 logs, police blotters, school superintendent contracts and job applications or resumes of public employees. They eventually obtained full access in 208 cases, and partial access in 24 others.In other words, requesters were given access to the information they sought about 85 percent of the time, which is a clear improvement over similar surveys in 2005 and 1999, in which the failure rate in both years was about 30 percent.However, the three surveys do not allow a precise comparison, because each employed different methods, different records were sought and they were conducted under different versions of the Right-to-Know Law, which was amended in 2002 and again last year.Amid the evidence of progress and despite hundreds of training sessions to teach public employees about their new legal obligations, attitudes and practices at some government agencies have not changed.In the latest audit, some public officials violated the strict time limits the law sets for responses, some ignored requests altogether and others exhibited suspicion or hostility.Still, many of them followed the law precisely and bent over backward to be helpful."It doesn't take a genius to game this law, it doesn't take a genius to deny information under this law," said Terry Mutchler, executive director of the state's Office of Open Records. "But we have also seen a lot of agencies absolutely determined to do the right thing."The new law requires that government Web sites post information for people who want to make right-to-know requests. But only 27 of the 67 counties fully complied with the requirements, and 16 ignored them altogether, according to a survey completed in early December by the Pennsylvania Freedom of Information Coalition.More changes to the law might be on the way.Several people involved with the law's implementation think it can be improved, and Senate Majority Leader Dominic Pileggi, R-Delaware, a prime sponsor of the new law, said the Legislature mighty debate the topic as early as spring.Everyday people are using the new law to challenge denials without the expensive advice of a lawyer.Larry Fischer, a 65-year-old retired Air Force officer he filed 15 requests about financial practices in a single month with his suburban Philadelphia township.Newtown Township turned him down, calling his requests "incessant" and politically motivated, because he was running for township auditor.The Office of Open Records not only ruled that Fischer had a right to see redacted versions of the records but scolded the township about producing public records no matter the requester's motives."I am very much a fan," said Fischer, who lost the election. "We would be really up a creek without a paddle in Newtown Township without this Right-to-Know Law."
Here are online resources for requesting government records and information:• Pennsylvania Office of Open Records: openrecords.state.pa.us/portal/server.pt/community/open_records/4434• Pennsylvania Freedom of Information Coalition: www.openrecordspa.org/• Pennsylvania Newspaper Association: www.pa-newspaper.org/web/2005/10/open_records.aspx• Pennsylvania Senate: www.pasen.gov/rtkl/• Pennsylvania House of Representatives: www.house.state.pa.us/RTKL/index.cfm• Pennsylvania courts: www.courts.state.pa.us/T/AOPC/PublicAccessPolicy.htm• "Full Disclosure" by the York Daily Record/Sunday News: http://ydr.inyork.com/ydr/records• National Freedom of Information Coalition: www.nfoic.org
Here are major provisions of the Right-to-Know Law that took full effect in January:• People no longer have to prove a record is public. Government agencies that want to withhold records have to prove they are legally entitled to do so.• The old law allowed access to six types of records: minutes, orders, decisions, accounts, vouchers and contracts. The new law says records are open, beyond a list of exceptions.• The law allows agencies to withhold, among other items, Social Security numbers, driver's license numbers, home or cellular phone numbers, personal financial information, medical records that identify individuals, and the names, home addresses and birth dates of children.• Agencies must respond to records requests within five business days, but they can get a 30-day extension.• The new law treats the Legislature differently. Access to legislative records is largely limited to financial documents and records that pertain to its meetings and decisions.• The Office of Open Records was established to handle many types of disputes over access.• Agencies found by a court to have denied access to records in bad faith can be fined $1,500, and those that do not promptly comply with court orders can be fined as much as $500 a day.
