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Law helps citizens keep track of government

The open records law isn’t just a guideline for local government officials and members of the media.

“It’s a public issue. It’s a citizen-driven issue,” said Terry Mutchler, executive director of the state’s new Office of Open Records. “A strong law means better access to government. Citizens can keep better track of what their government officials are doing.”

Many records will be available for public inspection, including legislative and financial records, telephone records and e-mails.

Some records can be kept from the public, however, including medical histories, information sensitive to public safety or the security of a building and identification information like a Social Security number.

Citizens may request public information from government agencies by completing an open records request form available at all government offices or by download from the Office of Open Records Web site at http://openrecords.state.pa.us.

The request must be sufficiently specific to allow the public body to identify what is being requested.

“Be very, very concise and as specific as you can,” Mutchler suggested.

Requests may be submitted via fax, e-mail, mail or in person, and anonymous requests are accepted. Citizens do not need to state why they are asking for a record.

Government officials must respond to open records requests within five days, either providing the records or providing a reason for denial in writing. The denial must include the specific section of the law that permits denial and how to appeal the decision.

When necessary, officials may ask for a 30-day extension to responding to an open records request.

The open records law says a state or local agency cannot limit the number of records requested, but Mutchler suggests citizens use good judgment in seeking records and not to use the law to harass or overburden a public body from performing its job.

Mutchler said it’s important to both citizens and officials to remember that information is a right, not a privilege. Citizens are encouraged to familiarize themselves with the law and know what they can and cannot have access to.

“It’s a good change for residents,” Mutchler said. “It lifts the curtain so that residents can see much more of their government than they have in the past.”

Area open records officers

Municipalities and school districts have until the end of the year to appoint someone to handle open records requests. So far, the following appointments have been made:

Cumberland County: Jerry Wilkes, information and technology director.

Cooke Township: Carol Jones, township secretary

North Middleton: Deborah Ealer, township manager

Shippensburg Township: Linda Asper, township secretary

Cumberland Valley School District: Mike Willis, director of business affairs/support services

The state Office of Open Records is located in the Commonwealth Keystone Building, 400 North St., Plaza Level, Harrisburg, 17120-0225.

For information, visit http://openrecords.state.pa.us

By Andrea Ciccocioppo, Sentinel Reporter, October 5, 2008

Last updated: Sunday, October 5, 2008 12:07 AM EDT

A new law that makes government records presumed accessible by the public until proven otherwise goes into full effect on Jan. 1.

“This law has a philosophy. You’re either pro-open government or you’re not,” said Terry Mutchler, executive director of the state’s new Office of Open Records.

In February, Gov. Ed Rendell signed into law a complete overhaul of the Right to Know – or open records – law, which guarantees the public’s right to access and obtain copies of public records held by government agencies.

All municipalities must be compliant with the law by Jan. 1 and, when the law goes into effect, it will also cover all past documents and records, not just those created from 2009 forward.

Changes in latitudes

Pennsylvania’s open records law had been widely regarded as one of the worst in the country.

“We really had a terrible law,” Mutchler said. “I was stunned.”

The new law was crafted to improve open government. The biggest change in the law, Mutchler said, is that now, a record is presumed to be open for public inspection and copying, and the burden is on the agency to prove that it’s not open, rather than on the public to prove that it is, as was the law in the past.

The new law guarantees access to public records in the possession of government contractors performing “governmental functions” on behalf of an agency; establishes an online, searchable database for state contract information; requires state-affiliated universities to make certain financial information public; and places the burden on state and local agencies to prove that requested records are not a matter of public record.

In addition, the law increases the civil penalties that can be awarded against an agency acting in bad faith.

Changes in attitudes

For the first time since the Right to Know law was passed in 1957, citizens will be able to appeal open records disputes to an administrative agency, the newly created state Office of Open Records, without the need to file a court action.

The Office of Open Records is an independent government agency that controls its own budget and personnel. Mutchler said her office will be a resource for public officials, citizens and members of the media.

“The right-to-know law is part of a public body’s job ... to provide records under this law,” she said.

Mutchler has been leading training sessions across the state to educate municipal officials, the media and the public on how the law will work.

Her office is responsible for establishing the open records process, applying and implementing the law and reviewing appeals. The office, however, is an advisory board in appeals and does not have the final say.

Before joining Pennsylvania’s Open Records Office, Mutchler was the public access counselor and a senior policy adviser to Illinois Attorney General Lisa Madigan. She has also been an investigative journalist for The Associated Press, covering politics in Pennsylvania, Illinois and Alaska.

Mutchler also holds a law degree and was a member of the litigation department of the Chicago law firm of Foley & Lardner; she clerked for the Executive Office of the President of the United States during the Clinton administration, focusing on privacy issues; and is a former law clerk for a retired chief justice of the Supreme Court of Illinois.

“To be able to establish this and get this foundation set is, to me, very critical,” Mutchler said. “Our goal is to do a fair and even application of the law with a common-sense interpretation.”