Public records requests as a tool for harassment — Senate advances bill pushing back

Pennsylvania Media Association seeks journalist exception, doesn’t get it.

• Jordan Wilkie/WITF
  BioRecent Stories

  

  As the democracy reporter for WITF, I will cover any kind of story that has to do with how we govern ourselves. That will include doing a lot of election coverage about how to access the ballot, how public officials administer elections, the technology used to run and secure elections, and the laws that govern it all.
  
  My work will also include accountability coverage for elected officials that use their positions to then undermine democratic institutions, like the legislators that voted against the certification of the presidential election results on January 6, 2021. If that weren’t enough, I foresee covering some local government decisions, fights over public records and transparency, and some candidate coverage in 2024. Many stories can have a “democracy frame” meant to help us all understand how our governments work and how we can shape them.
  
  I’m most looking forward to the community reporting about which WITF is passionate. I’ll be talking to a lot of folks about what they want out of their governments, local to national, and how they want to make their visions reality. I’m excited to meet you and talk, with or without a microphone on hand.
  
  I also like to turn my work phone off. When I do that, I’m looking for rocks to climb, trails to run on (slower and slower, somehow), and new places to visit. I’ve lived in the (extended) South for most of my life, so y’all will hear me say things funny and sometimes my hearing is funny, too, so we’ll figure out this radio thing together.

As it stands now, the public can request information on legislative expenses through the state’s public records law, but getting those documents can take weeks and sometimes longer if there is a dispute over access.

Government records are generally speaking the property of the public. Members of the public access those records through “right-to-know” requests. But some lawmakers warn that the state’s open records law can be used to harass local governments and the people who work for them. 

The Senate State Government Committee advanced SB790 Tuesday to allow agencies to block “vexatious requesters” from seeking records for a year. Sen. Cris Dush, R-Cameron County and chair of the committee, introduced the bill. 

“I’ve heard from officials in my district about this bill where they have told me where someone is making as many records requests as possible,” Dush said. “Just to, and I’ll make a quote from one of them, ‘Make their life hell.’” 

But media representatives are worried the bill would limit the work of journalists. Melissa Melewsky, lawyer for the Pennsylvania Media Association, said the bill needs a “robust media exemption.” The Association supports the news industry including WITF and LNP|LancasterOnline. 

“Journalists have a constitutional role to perform,” Melewsky said. “Barriers to access and delays to information are not appropriate.” 

State Sen. Steven Santarsiero, D-Bucks County and his party’s senior member on the committee, also supported the bill, which passed out of committee with a 2-2 split in Democratic votes and full Republican support. 

He said the definitions of what qualifies as vexatious behavior in the bill would not apply to reporters doing their jobs. 

The legislation includes a requirement that agencies seeking relief from a requester show intent “to harass, annoy, frustrate or burden an agency.” It also includes a process to appeal to the Commonwealth Court any decision that bars a person from making requests.

Sometimes, your mornings are just too busy to catch the news beyond a headline or two. Don’t worry. The Morning Agenda has got your back. Each weekday morning, The Morning Agenda will keep you informed, amused, enlightened and up-to-date on what’s happening in central Pennsylvania and the rest of this great commonwealth.

Learn More