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Editorial: Public test / Pennsylvanians still struggle for the right to know
Friday, May 27, 2005

Americans pride themselves on a representative democracy that is responsive to the people. Voters choose their leaders. Elected officials implement the law. Government is an open book. Or so the idea goes.

Yet three years ago, a non-partisan watchdog called the Better Government Association ranked Pennsylvania 47th among the states in public access to government records. That dubious finish (tied with Alaska and ahead of Alabama and South Dakota) came just before the state's new open records law took effect.

Now that a more enlightened measure is the final word on which government records should be released (almost all of them) and when they should be provided (ASAP), we suspect that the association's updated ranking, which could come later this year, will show Pennsylvania on a higher plane. That's not the impression, however, of The Associated Press and 50 newspapers in the state, including the Post-Gazette.

In a survey in February coordinated by the AP, reporters from the news organizations found that nearly 700 government offices still treat requests for public records with suspicion and prevent speedy access, whether sought by the average citizen or members of the press. Fully one-tenth of the requests are denied.

More discouraging is that the results were similar to a 1999 survey conducted by Pennsylvania news outlets. Had state law not changed between now and then, this would be understandable. But the new statute requires the state to comply with a public records request, under a threat of fine, within 10 days and municipal and school offices within five days. It recognizes computer files that would otherwise be on paper as public records, bars government from charging exorbitant copying fees and prohibits denial of access based on how a person would use the record.

Despite all that, the 2005 survey, which sought records on crimes, school officials' compensation and magistrate rulings, showed that in 30 percent of the cases, requests were either denied up front or unfulfilled within a few days. Slightly more than 50 percent of the requests were satisfied within several days, including some only after requesters said they were from the press.

That's not how it's supposed to work. Taxpayers, voters or simple residents should not have to pose as newspaper reporters to have their requests for public documents filled. Members of the media, much less the public, should not have to pass muster, through a government employee's questions, on how a public document will be used once it is obtained. Under the law, the information is either public or not -- and no requester should face intimidation along the way.

All of this calls for better training for government employees on citizen access to public records. It's a shame that three years after Pennsylvanians got a new statute to protect their right to know, some public workers -- paid by the taxpayers -- still haven't gotten the message.

First published on May 27, 2005 at 12:00 am
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