5/4/2008 3:33 AM Email this article Print this article  

Much will change on public records



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As reported elsewhere in today's paper, fundamental change will come Jan. 1 in the rights of citizens to access government records in Pennsylvania. While not perfect, the new Right to Know law vastly improves a process that has been called one of the worst in the nation.

We cannot stress strongly enough the importance of shifting the burden of proof from the requester to the agency. It will now be up to the governmental entity to demonstrate that a record can be legally withheld, a 180-degree change from present law. What use the person wants to make of the public information is irrelevant to the request.

The present law covers only two narrow categories of records. The new statute applies to everything that is not specifically exempt or considered privileged, including electronic records. Police accident reports, for example, will be public documents for the first time.


Agencies - that is townships, cities, boroughs, school districts, authorities, etc. - will be required to designate one individual to handle all requests for records. We would hope that these officials will become well-versed in the law between now and the end of the year, so they can perform their duties properly.

While material can be sought orally, the state Office of Open Records will produce uniform request forms. Local agencies may use them or develop their own forms.

Another important change is in the appeals process. If you are denied access under present law, you make your appeal to the same people who turned you down. Special appeals officers will now be appointed in various regions of the state to review denials.

The Office of Open Records will set fees that agencies can charge for making copies, but the law specifies they must "be reasonable and based on prevailing fees" charged by local businesses.

This barely scratches the surface of the new law. By January, though, we hope that all public agencies are ready to comply with it.


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