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Pa.'s struggle with real transparency continues

A decade after Pennsylvania enacted sweeping changes meant to bolster government transparency and the public’s right to know, we are continually reminded that many government agencies still don’t grasp the concept.

From the secret bid meant to entice online retail behemoth Amazon to construct its second headquarters, “HQ2,” in Allegheny County to the secrecy obscuring some aspects of the state’s medical marijuana program, Pennsylvania still has a problem with transparency.

If we needed still another reminder, it came last week in the form of a Legislative Budget and Finance Committee report on the costs of the state’s Right-to-Know Law.

The report was ordered after some government agencies complained about the public’s expanded access to records and the procedures put in place to handle requests, denials and appeals.

Auditors found, unsurprisingly, little to corroborate concerns about the law’s cost. Most agencies surveyed spent less than $500 dealing with record requests; and statewide somewhere between $5.7 million and $9.8 million was spent fielding an estimated 109,000 requests for records in 2016.

That’s more money than we expected, and it’s clear the state needs to develop a way to better-handle record requests made by commercial entities. According to the report, about 26 percent of open records requests are coming from outside the state; 71 percent of those are made for commercial purposes.

But more troubling by far is that many government agencies are apparently still unable to grasp the concept of what constitutes a public record.

As part of their work auditors submitted some 588 anonymous requests for agency budgets — one of the most foundational public records for any government or government agency. About 40 percent were either ignored or turned down, according to the report.

Meanwhile, the report concludes, concerns about “burdensome” requests mostly boil down to what a government body or agency considers a misuse of their time. One-third of the requests agencies designated as problematic were fulfilled in less than three hours; 60 percent were completed in between three and eight hours.

Perhaps that’s because, as the also report notes, some government officials refer every records request to a lawyer for review — a policy that’s surely adding to the cost of providing access to public documents.

The report, among other things, recommends better training for agency open records officials and that agencies better use their websites to make public records available online.

Those are both good ideas, but we’re not convinced time in the classroom will help rectify the system’s shortcomings.

It’s ridiculous that, a decade after RTK law was updated, some government agencies in Pennsylvania still cannot grasp what constitutes a public record. And it’s troubling that so many view responding to records requests as a burdensome waste of time.

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