Toughen Pennsylvania Open Records Law

The situation regarding government transparency in Pennsylvania is better than it once was, but there’s definitely room for improvement.

With that in mind, we applaud state lawmakers for advancing a bill that would strengthen Pennsylvania’s Open Records Law by making it a third-degree felony to destroy a record that is the subject of a Right-to-Know request.

It’s been 13 years since the current law took effect, and it has produced some positive changes. A state office was established to hear appeals on decisions to keep records secret, and the law presumes that documents are public unless there’s a sound legal reason to decide otherwise. The opposite used to be the case.

But the law has no prescribed criminal penalties for violations of the statute. Without that, there isn’t much to dissuade officials from hiding material that should be available to the press and public.

A bill approved the Senate State Government Committee would make destroying a record that is the subject of a Right-to-Know request a third-degree felony. It is headed to the full Senate for consideration.

The Pittsburgh Post-Gazette reported that Melissa Melewsky, an attorney for the Pennsylvania NewsMedia Association, noted that the state Sunshine Act includes a criminal penalty for those who violate it by holding meetings in secret without a valid legal reason. Melewsky said previous attempts to put criminal penalties into the Open Records Law have stalled in the Legislature.

Erik Arneson, a former executive director of the Office of Open Records, told the Post-Gazette that a move toward putting criminal offense language in the law makes sense and would encourage people to take it seriously. Attorney Craig Staudenmaier, an expert in media law, added that the Open Records Law has “very little teeth.” There should be a penalty for records destruction, he said, because “you are destroying the public’s records.”

We agree, and there’s reason for hope that this measure may gain more momentum than previous attempts. The bill passed committee by a 9-2 vote. However, it’s worth noting that the two Democrats who voted against it said Gov. Josh Shapiro’s office has concerns about the legislation. It was not immediately clear exactly what the concerns are.

We hope that any issues with the bill can be ironed out as it moves through the legislative process. Public access to government records should not be a partisan issue. People have a right to find out how officials are spending their tax dollars and exerting their authority on behalf of the public. It’s essential for the democratic process to function properly.

While these issues often are raised by news organizations, the emphasis to maintain openness centers on citizens.  Access to records and challenges to closed meetings are the right of every person to be able to understand what their elected officials are doing.

Government officials’ responsibility to inform and to conduct business openly is a foundation of public service. Open government is a two-way street lined with trust.

The public cannot be properly informed if government entities are allowed to keep key information and deliberations secret from the public. Newspapers and other media outlets are the primary source for disseminating that information. But if people don’t support the organizations that do the reporting and recognize their importance, oversight of key institutions will be lost. Public officials in general deserve great respect for their work, but abuse of power is all too tempting when people can’t see what they’re doing.

Stronger laws on government transparency are essential to good governance. News outlets will continue to support moves in that direction, and we urge the public to join us in calling for tougher standards. This legislation represents an opportunity to do so.