Published: March 23, 2008 11:50 pm      

Creation of open-records office among big changes

Just over a month ago, Gov. Ed Rendell signed an improved Right to Know Law – also known as the Open Records Act – which guarantees a citizen’s right to access and obtain copies of public records held by government agencies.

Although some provisions take effect immediately, and others take effect on July 1, the bulk of the new law takes effect on January 1, 2009.

The changes are significant, according to Melissa Melewsky, legal counsel at Pennsylvania Newspaper Association in Harrisburg. She said the state’s law, originally enacted in 1957, was “one of the worst in the country,” and in great need of change.

“It’s not a perfect law, but it’s a vast and much-needed and welcomed improvement,” Melewsky said. “We had one of the worst in the country, and I don’t think we’re in that situation any more.”

Some of the biggest, notable changes:

• The new law fundamentally changes the structure of the state law. It begins with the presumption that state and local agency records are open for public inspection and copying, and places the burden on a government agency denying access.

• The law will give citizens the ability to appeal open records disputes to an administrative agency, the Office of Open Records, without the need or expense of hiring an attorney. The establishment of the Office of Open Records began immediately after the law passed on Feb. 14.

• The law shortens agency response times to requests for records, and increases the civil penalties that can be awarded against an agency that does not comply. Penalties of $1,500 can be levied on agencies who do not follow the law.

Some examples of records that will be available under the new law:

• Community colleges

• PIAA (Pennsylvania Interscholastic Athletic Association)

• Pennsylvania Higher Education Assistance Agency and its related entities

• Grant applications

• Records reflecting a public employee's demotion or discharge

• The General Assembly is now included as an “agency,” and the law expressly identifies a number of legislative records that are public, including financial records, manuals and written policies, and financial audit reports;

• Records that are presented to a quorum of elected officials like borough councils, supervisors or school boards are public prior to a public vote.

• 911 time response logs

• State-affiliated universities are now required to publicly disclose certain financial information, including the salaries of all officers and directors and salaries of the highest paid employees.