New law makes it easier to request records in Pennsylvania
From Sunshine Review
23 November 2008
A new Right to Know law, scheduled to take effect January 1, will make it easier for members of the public to make open records requests. It will be a significant change in state policy - currently it is up to residents to justify their requests, whereas under the new law it will be up to government agencies to justify denying requests.[1]
Teri Henning, general counsel for the Pennsylvania Newspaper Association, explained, "The new law is based on the presumption of access. The old law did not. Previously, the person making the request had the burden to prove the item was a public record. Under the new law, all records are presumed to be public unless they are privileged, confidential by law or fall under an exemption under the Right to Know law."[1]
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[edit] Office of Open Records
Changing the Right to Know Act was the main focus of the state legislature's reform agenda. The new law creates the Office of Open Records, which will help both government officials and the public to understand and act according to the changes. Among its duties, the office will hear most open records appeals, hold hearings, issue orders and advisory opinions, and provide training.[1]
Terry Mutchler was appointed by Gov. Ed Rendell to head the office. Mutchler called this "one of the most significant changes in Pennsylvania law in the last 50 years as related to government access." He went on to say, "My first role is to get the office up and running to do all the law requires. My other goal is to insure there is proper enforcement of the law. My role is to insure this office gets created to be a resource to citizens and government officials so everyone is ready to play ball here once it is set up. My role will be to enforce the Right to Know law, monitor and handle the appeals."[1]
[edit] New Guarantees
Along with the office, the law creates a number of new guarantees to residents. It now includes the General Assembly, which has never been covered by the act, which was first passed in 1957.
The law forces agencies to open all records to the public, with only a few exceptions, while the old law contained many more. It also creates a searchable online database for state contract information, while requiring state affiliated universities to provide certain financial information.
Under normal circumstances, agencies will have five days to fulfill requests, and can be fined up to $1,500 if they are found "acting in bad faith."
While there has been debate over what tangible effect the changes will have, Mutchler is sure of one thing, "If the law works the way it is supposed to work, government at all levels will be stronger and better.[1]
