Open records law big step in ongoing process

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February 15, 2008

Anonymous The Tribune-Democrat Fri Feb 15, 2008, 02:40 PM EST

Our leaders in Harrisburg took an important step last week toward what we hope will be an era of broad reform in state government.

The General Assembly passed Senate Bill 1 – which overhauls the state’s open records law – and the governor signed the legislation on Thursday.

The law takes effect Jan. 1, 2009. The highlights include:

The recognition that records belong to the public;

An improved definition of what constitutes a “public record”;

The presumption that records are public, with the burden of proof falling to an agency wishing to deny access;

Establishment of an Office of Access to make it easier for citizens to appeal denials;

Penalties on individuals or agencies that deny access to records.

The passing and signing of the law marked the culmination of two years of efforts by media across the state through the Pennsylvania Newspaper Association, whose legal experts and lobbyists led the push for change.

“Our goal was to improve Pennsylvania’s open records law, which is widely regarded as one of the worst in the country, and expand citizens’ access to government,” PNA President Tim Williams said.

The current Right to Know Law was passed in 1957, and did not include access to records at the General Assembly. Now, citizens can request records held by those lawmakers, and will have an outside agency to which they can take appeals.

“It took a tremendous amount of hard work, negotiation and compromise to get this bill to the governor,” said Deborah Musselman, PNA’s director of government affairs.

And, as PNA leaders noted, this is not a media issue. Rather, the media have led the way for positive change that will enhance the opportunities for all Pennsylvanians.

“I can’t imagine an issue with a broader scope,” Musselman said.

“While the bill is not perfect, it increases transparency in government finances, in particular,” she added, “and establishes a process we believe will improve citizens’ access to their government.”

All that said, the passage of a new open records law is but one major victory in a larger war.

We have pushed for extensive reforms in state government that could include term limits for lawmakers and legislative committee leaders, a reduction in the size (and cost) of the General Assembly and state government, changes in the rules concerning when and how laws can be introduced and adopted, and disclosure of the activities of lobbyists.

The state’s voters have become disenchanted with their government. That was evident in the ousting of numerous incumbents in the elections since the 2005 pay-raise debacle.

Much work remains as government struggles to win back the people’s trust.

Senate Majority Leader Dominic Pileggi, a Delaware County Republican and sponsor of the open records bill, said the new law “further affirms the commitment we’ve made ... to an open and transparent process, which would necessarily help citizens regain confidence in their government.”

That effort is a work in progress.

Right now, we can celebrate greater access to the records of those in government.

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