Open Government
OPEN RECORDS
Pennsylvania's Open Records law is archaic and does not adequately protect a citizen's right to access to public records and documents. Current law does not cover a wide range of government documents, and fails to account for modern record-keeping methods (e.g. computers and other electronic data systems). Reforms needed at both the state and local levels include:
-
Updating the law to confirm that all documents generated or maintained by state and local governments are considered public records, unless the governmental body can sustain the burden of proving a record should be exempt. Only specific, statutorily identified, types of documents that have bona-fide privacy or legal justifications for exemption should be permitted to be in non-disclosable classifications;
-
Insuring that documents will be produced in a timely manner, and that a simple, effective, and low-cost appeal procedure exists when access is denied;
-
Providing for strict penalties for public officials who attempt to improperly or unreasonably deny the public access to records; and
-
Providing that copies of documents be made available in the most convenient format available at an agency -- and at reasonable rates, based on prevailing rates in the local commercial copying market.
OPEN MEETINGS/SUNSHINE LAW
Access to government, and citizen participation, are important pillars of democracy. Thus CC/PA has worked to secure passage of, and regular upgrades to, the state Sunshine-or Open Meetings-law. The current law gives citizens the right to attend, and speak at, most governmental meetings where official decisions are made, or where deliberations leading to decisions are conducted. To better serve the public, the Sunshine law should be upgraded to provide for:
-
Better enforcement mechanisms;
-
Substantially increased fines for violations;
-
Banning the use of public funds to pay fines or legal costs of officials' found guilty of Sunshine Law violations;
-
Making local government solicitors liable for the Sunshine law advice they give to local government officials; and
-
Mandating inclusion of state budget deliberations under the law.