HARRISBURG, March 9 – State Senator Jim Ferlo (D-Pittsburgh) announced today that he would introduce legislation to require improvements to the Right To Know Law in Pennsylvania.

The Law, also known as the Open Records Act, would be amended by Ferlo’s legislation to shift the burden of proof from the requester to the agency to show why information should not be made public.  It would provide broader definitions for what is considered public information and what constitutes a public agency and would furthermore provide for meaningful penalties for failure to comply with Right to Know requests.

“From luxury retreats for PHEAA board members, to the struggles to get information from the General Assembly, it seems the pay raise debacle was just the tip of the iceberg when it comes to the clandestine operations of government entities in Pennsylvania,” Ferlo said.

The legislation would also create an Office of Access to hear appeals and furnish advisory guidelines, opinions and other appropriate information about the laws to both agencies and citizens. This model has been very successful in a number of states and has dramatically reduced the amount of litigation over these issues. It also provides citizens with a quicker, more cost-effective method of challenging agency denials.

“If this is going to be a government of and by the people, then clearly, it cannot be the work of government to deny the public their unequivocal right to know how their tax dollars are being spent,” Ferlo said. “The role of government is to lay bare its design and serve its people without impediment.”

Recognizing the extensive research effort put forth by the Pennsylvania Newspaper Association to compile instances of abuse statewide, benchmark best practices in other states and prioritize reforms, Senator Ferlo used the organization’s model legislation and applauded their uninterrupted dedication to open government.

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