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Pennsylvania Right to Know Law
Posted by Rich on June 30, 2008
Earlier this year in February, Governor Ed Rendell signed into law an amendment to the Pennsylvania Right to Know Law (RTK), which gives ordinary citizens access to public documents. (The federal government has a similar law: the Freedom of Information Act (FOIA).) The new law is important for a number of reasons. For one, the current RTK law which was passed in the 1950’s, placed the burden on the person making the request to explain why it is a public document and the reason behind the request. Also, a person making a request had to fully indentify him or herself.
Under the new RTK law, a person does not have to disclose his or her identity, does not have to explain the reason for the request, and more importantly, the burden is on the government agency to explain why the requested document should not be made public. The new law also establishes a universal form to be used by all agencies.
Before getting too excited, the new RTK law does not go into effect until January 1st, 2009 so that government agencies have time to review the new requirements, attend training sessions, and establish a RTK officer/department to respond to requests. (If you’re a cynic, it gives time to government officials to burn the books and cover their tracks.)
There are a few changes coming before 2009. Starting tomorrow, July 1st, two provisions of the RTK law go into effect. First, the University of Pittsburgh, Pennsylvania State University, and Temple and Lincoln Universities must start providing financial information. Generally this includes information regarding salaries ofthe top 25 paid employees, salaries for officers and board of directors, and information currently submitted to the IRS (available online at GuideStar.org). However this information does not have to be disclosed until May 30 of next year, but these universities have to start compiling this information beginning tomorrow.
The second provision going into effect is a big one and the reporting requirements are immediate. The State Government (not local municipalities) is now required to make public all contracts over $5,000. On top of that, these contracts have to be posted online and made searchable on the Treasury Department’s website. As of today, the Treasury Department has not posted a landing page enabling the public to search these contracts. Presumably, something should be up by midnight tonight but it could be as long as until the first contract is submitted for posting to the Internet.
It will be interesting to see how events progress under this new law. The requirement that contracts are to be posted online starting tomorrow will be the first test of things to come. For example, has the Treasury tested the online database and implemented a streamlined process for posting information to the Internet? The Department has had since February to get into place a viable system in place so there should be no excuse for delay. We’ll know by tomorrow. It will also be interesting to see if bloggers take advantage of the new RTK law and begin investigating questionable government activity. The new law certainly makes this easier and the process more amenable to the average citizen.
Collecting information on this topic would have been impossible if it was not for a number of online resources including the Pennsylvania Freedom of Information Coalition and the Citizen Media Law Project. Despite the RTK law requiring that the Department of Community and Economic Development create a web page for the new Office of Open Records and provide the public with information—none exists.
Posted by Rich at June 30, 2008 1:30 PM
Comments
Or, if you're a taxpayer, you'll know when to expect the bill. The law is just another burden to be added to each agency's bottom line, and another revenue source for peripheral attorneys.
Posted by: Jerry at June 30, 2008 5:23 PM
Interesting you should mention that Jerry. One of the provisions in the new RTK law allows for appeals to go straight to an administrative agency instead of to a court as is currently the case. So in that respect, an attorney isn't needed unless a second appeal is made, then going to a court. Sort of "revenue source" killer if you ask me.
Even assuming you're correct that somehow the law will create more work for attorneys, that's a small price to pay for a more transparent--and thereby more accountable--government. In the long-run, a more open government provides a greater value to its citizens as well as savings since contracts and the like can't be hidden behind a shroud of secrecy (and frivolous spending monitored).
What I suspect will happen is that a number of government agencies will simply make information available online instead of dealing with request after request. The process will eventually become more streamline. That is already the case in a number of states with long-standing open records laws.
Posted by: Rich at June 30, 2008 7:01 PM
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