EDITORIAL:
Cloudy sunshine
Feb. 17, 2008
Pittsburgh Tribune-Review Editorial
Pennsylvania's new open-records law is being hailed as a brilliant beacon that will far outshine the old law. That won't be difficult considering the state hasn't changed the "bulb" for 50 years.
The real test comes next year when the law takes effect and the first appeals are filed for government records. Access and expediency will determine its superiority or mediocrity.
But there are reasons for reservations:
The maximum penalty for government obstruction is a paltry $1,500, and the law lacks criminal penalties for chronic stonewallers. What must change with the law is the closed mind-set of the state's career bureaucrats.
Additionally, the law's "presumption of openness" gets wobbly as it applies to the General Assembly. The state House and Senate will name their own gatekeepers to rule on public inquires. Can the public expect a new mind-set there, as well?
Most appeals will go to the new Office of Open Records, to be housed in the less-than-forthcoming Department of Community and Economic Development. It's the same agency that refuses to release unsuccessful applications for public money, arguing such documentation has no bearing on how money is awarded.
The DCED is controlled by Gov. Ed Rendell, who also will appoint the director of the new open-records office. That's hardly encouraging.
For all the talk about "sunshine," plenty of clouds linger.
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