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Wolf quietly lets transparency bill become law

Gov. Tom Wolf said legislation to require that state government agencies continue processing public records requests during disasters is “ill-conceived and poorly drafted,” but he he let it become law without his signature last week.

The bill requires state agencies to follow Pennsylvania’s Right-to-Know Law during declared emergencies, such as the coronavirus pandemic.

It was approved unanimously by both the state House and Senate before being placed on the governor’s desk for his signature.

Wolf had repeatedly threatened to veto the measure.

The legislation says state agencies may only deny records requests during fires, floods or other disasters, under the provisions that are laid out in the state Right-to-Know Law, which guarantees public access to government records. The bill also says governors can’t tell agencies to ignore requests during disaster emergencies.

Some state agencies had stopped processing public information requests during the first months of the COVID-19 emergency declaration, and there still are delays on disclosing records related to nursing home deaths and business closure waivers.

The state’s public-records law requires government agencies to respond to requests within five days, though they can seek a 30-day extension. But as Wolf shut down businesses and put in place stay-at-home orders to contain the spread of COVID-19, several state agencies said they could no longer process requests.

Republicans in the Legislature have complained bitterly for months that Wolf has shielded important information about his administration’s decision-making while responding to the public health crisis.

Wolf says he is concerned about forcing state workers to go to their offices to dig up requests under dangerous conditions.

In a statement last week, Wolf said since the bill was introduced, his administration “has expressed deep concerns with forcing commonwealth employees to physically come to an office to process records requests under dangerous conditions. We have gone above and beyond to provide information to the Legislature and public throughout the pandemic, including the data that drive our decision making.”

The reasons given for objecting to the bill have been weak since the legislation was introduced. The administration contends that having to comply with the law would risk public safety or patient privacy. But these concerns are already addressed by the law.

But in emergencies, citizens need to be fully informed. This is when laws like Right-to-Know have their greatest impact. Citizens need to understand why certain decisions are being made.

Times of crisis call for total transparency. That builds confidence in government for all of the state’s citizens.

Why the resistance, governor? Have a problem with transparency?

— JGG

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