Pennsylvania open-records bill gutted with last-minute amendments
On Wednesday in the dark of night a Pennsylvania House committee slipped some amendments onto the open-records bill (HB 443) before moving it on to a potential full vote this week, perhaps Wednesday, Oct. 24. Common Cause, the press association and others are urging the bill be moved back to committee to better discuss the bill's provisions. In particular, some sticking points include:
- Officials could deny a public records request if they deem the request "burdensome" or an attempt to harass their agency. Pretty broad.
- The executive director of a new open records office would be appointed by the governor instead of the state ethics commission. So the governor's appointee would mediate issues regarding executive agencies.
- Records exempt from openness include e-mail, 911 records, addresses and phone numbers, contrary to most states' laws. (see Citizen Access Project or RCFP's Open Government Guide to compare)
- The open records bill would apply only to records created after the law is passed, not to previously created records, essentially grandfathering secrecy. That's like telling women in 1920 that the right to vote applies only to females born after the amendment is ratified, not to those born before the law was enacted.
- Officials have 10 days to respond to a records request, and then once an agency responds it has 20 more days to produce the records, enabling government to drag out a request for a month. Not too helpful for a deadline story.
SPJ opposes such backward legislation, especially for a state that needs a boost to its open record laws (rated as one of the most secret states by the Better Government Association). The House needs to go back and rework the legislation with input from those who know how it will work on the street. On a positive note, the Senate has a bill in the works that is more consistent with open records laws elsewhere in the country and better protects people's ability to hold its government accountable.
For more information, see http://passopenrecords.org/.