Open-Book Parties

Monday marked the start of state Senate committee hearings on a bill to open more government records to the public.


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Published: Oct 31, 2007

It's no secret that Pennsylvania has a closed-door policy when it comes to allowing public access to government records. But as the year winds down, recent action in Harrisburg makes it seem as if state legislators are taking extra precautions to open those doorways —and ensure their election success next year.

Monday marked the start of state Senate committee hearings on a bill to open more government records to the public. Tim Potts, founder of Democracy Rising PA, was one of many activists planning to attend. (His group is a nonprofit, nonpartisan organization founded in 2004 upon a wave of intense dissatisfaction over the state gaming bill. Its members are now focused on government transparency.) He said the recent focus on the archaic state laws governing open records stems from the overnight pay raise legislators voted themselves in 2005.

"This is a spark that has been smoldering for a while," said Potts, who is joined by Eric Epstein of Rock the Capital, Matthew Brouillette of the Commonwealth Foundation and Barry Kauffman of Common Cause PA, which has been championing the issue for at least a decade. "We have the worst open-records policy and this has to change."

By way of example, Potts described the time he wanted to obtain records on per diem raises. He was told he had to travel to Harrisburg; pay 50 cents per copy; and an employee had to stand with him the entire time.

Still, it comes as a surprise, considering this is a relatively liberal cause, that Senate Democrats are not at the forefront of the charge. Yes, Senate Republicans are taking the lead, which makes a little more sense considering that GOP Sens. Robert Jubelirer and David Brightbill were the ones voted out last year.

"Democrats," Potts said, "are missing in action."

Republican Sens. Dominic Pileggi and Jeff Piccola, chairman of the Senate Government Committee, planned to introduce two amendments to the final version of the bill. One of Piccola's amendments requires that all records in all branches of state government be open with a few exceptions not yet clarified. It also calls for an open policy on "walking around money" (WAM), which are doled out to legislators through appropriations committees.

But after Monday's Senate hearing, Potts said the outcome was "disappointing." Piccola's WAM amendment failed, while Pileggi's amendment to impose criminal charges against government employees who refused to disclose public documents passed Committee. Potts said that in his opinion, "the whole Senate bill sucked," and it could become so complicated that it would be impossible to decipher.

It is not clear when the full Senate will vote.

Meanwhile, House members are expected to convene for a full vote later this week since their version of open records already passed a committee vote. Spearheading that effort is state Rep. Bill DeWeese, a Democrat from Greene County and current House majority leader.

DeWeese proposes the posting of House Roll Call and committee votes on the Internet;making House expense records available electronically by request; prohibiting private vehicle leases for members; and requiring per diem and expense reimbursements to be filed within 90 days.

Expect a lengthy debate on the floor, though. DeWeese press secretary Tom Andrews said his boss anticipates a debate over what "open records" really means. For example, would a private e-mail sent to a public official from a private citizen be considered public record? Would every government employee's Blackberry be up for inspection?

Still, Andrews said he did not believe the pay raise had a lot to do with the legislators' current action on open records, even though DeWeese is recommending to prohibit votes after 11 p.m., when the pay-increase vote was raised.

Since these closed-book laws have been around for years, why is there such a keen interest now among voters? Potts said it's hard to place blame on voters, who have been lied to for so long. "We are just going to beat up on people," he said of the elected officials.

Andrews down-played the notion that DeWeese and other House members were jumping on the transparency bandwagon because of next year's elections. He countered that the elected officials are just interested in the same issues as the public.

(rcpatel@aol.com)