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Bills aim to open public records
Tuesday, October 16, 2007

HARRISBURG -- Beverly Schenck has been waiting 41/2 years for an itemized accounting of attorney fees paid by Center Township.

She's been through Butler County Common Pleas Court and Commonwealth Court, which both ruled the township could withhold the documents under attorney-client privilege. Now she's awaiting a ruling from the state Supreme Court, which heard her case last month.

Invoices for the expenditure of public funds should be public, she said during a press conference yesterday in Harrisburg.

State Rep. Tim Mahoney, D-Uniontown, thinks so, too.

That's why he is the prime sponsor of an open-records bill that is expected to come before the House State Government Committee tomorrow. A floor vote could occur by week's end and a Senate vote could soon follow.

"We are closer than ever to achieving an open-records bill that is both meaningful and imminent," said Jamie Blaine, editor of the blog passopenrecords.org.

The centerpiece of Mr. Mahoney's legislation would change the way government records are viewed in Pennsylvania. Currently, they are presumed to be closed to public inspection unless the requester proves otherwise.

Most other states and the federal Freedom of Information Act begin with the presumption that government records are public unless the agency that possesses them proves that disclosing them would cause harm.

Under Mr. Mahoney's bill, records would be presumed open unless they fall under a limited list of exceptions.

The bill faces wrangling whether those exceptions should include things such as public universities' payroll records, police officers' disciplinary records, recordings of 911 calls and casino-license applications.

Change in Pennsylvania's law is long overdue, state Sen. Jim Ferlo, D-Highland Park, said at the press conference.

"All Pennsylvanians deserve to have ready and easy access to all levels of government and they have a right to know what elected officials are spending, legislating and regulating with the public trust they have been given," said Mr. Ferlo, who is sponsoring his own open-records bill in the Senate.

Mrs. Schenck is hoping for fast action so other residents don't have to go through the legal battles she is continuing to fight to get information about how public funds are spent.

"I've spent thousands of dollars to fight for this because it's the right thing to do, and I'm a paralegal. I'm sure the majority of people don't have the knowledge or the resources I have," she said after the press conference.

She hopes the Legislature passes strong, meaningful legislation that makes public records broadly accessible.

"I don't want a bill that's simply there to make it look like they're doing something. I want some actual action," she said. "The more exceptions, the more opportunities there will be for [government officials] to deny access to information people should have."

First published on October 16, 2007 at 2:11 am
Tracie Mauriello can be reached at tmauriello@post-gazette.com or 717-787-2141.
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