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Officials gauge Open Records Act changes

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By Chris Foreman
TRIBUNE-REVIEW
Wednesday, April 9, 2008


Changes to the state's Right to Know Law are putting the burden on political subdivisions to prove why a record may not be made available, spurring public officials to learn more about regulations going into effect next year.

Officials from nine counties attended a workshop Tuesday at Mountain View Inn, in Unity, to discuss revisions like the creation of a state Office of Open Records and the local designations of an open records officer for each subdivision.

Representatives from the Pennsylvania State Association of Township Supervisors and Pennsylvania Newspaper Association organized the workshop.

One of the most significant changes to the 50-year-old open-records law is the presumption that a record is public unless a political subdivision proves it isn't because of any of 30 exceptions covering matters like a person's medical or Social Security information, negotiations or security.

However, in many instances, the public entity should hand over the data after the private information is redacted.

The existing law requires the person requesting the information to prove that the record is public.

"The intent here is to allow me, a member of the public, to be able to follow your decisions," said Teri Henning, the newspaper association's general counsel.

The new law, which fully goes into effect on Jan. 1, spells out definitions for public records and establishes an Open Records office to issue advisory opinions, set duplication fees for requested printed or electronic records, and develop regulations for local and state agency appeals.

By statute, Gov. Ed Rendell must appoint an executive director for the $1.1 million office by mid-May.

For the first time since an open-records law has been on the books, citizens also will be able to request financial documents from the courts and legislative records from the General Assembly.

A list of state contracts worth $5,000 or more is supposed to be online on July 1.

Under the new law, public entities "must be very explicit on why you're not releasing a specific document" or need longer than the five-day response time, said Elam Herr, assistant executive director for the supervisors association.

"We're hoping that after the learning curve is done, you'll see less (requests) going to court and less going to the (Open Records) office, and more resolved at the local level," he said.

As Ligonier Township's secretary-treasurer, Supervisor Keith Whipkey said he'll likely serve as the open records officer.

"I think it's important that people know how much people make. I think that information should be made available," he said. "As for protecting the employees' information, I think almost everybody would agree, whether they're public or private, they'd want to keep their personal information confidential."

Westmoreland County Solicitor R. Mark Gesalman said each office at the courthouse in Greensburg has someone who handles requests for records and the county has a director of records storage.

He's anticipating more direction from the state so fewer requests will have to be sent for a local legal review before a subdivision responds.


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