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Inquirer Editorial: The good fight for transparency

There was a time when most government records in Pennsylvania were cloaked in secrecy and presumed off-limits to the public. The state had one of the worst open-records laws in the country.

Open-records chief Terry Mutchler has encountered plenty of resistance. (Elizabeth Robertson / Staff Photographer)
Open-records chief Terry Mutchler has encountered plenty of resistance. (Elizabeth Robertson / Staff Photographer)Read moreINQUIRER ROBERTSON

There was a time when most government records in Pennsylvania were cloaked in secrecy and presumed off-limits to the public. The state had one of the worst open-records laws in the country.

The landscape has improved dramatically since the current Right-to-Know Law took effect in 2009. Today, the public has much more access to information. All documents and data produced in the course of public business are now presumed to be open for public inspection if they are not covered by one of 30 specific exemptions in the law.

But there is still work to be done. Last year, more than 2,100 appeals seeking government data were filed with the state Office of Open Records - 89 percent more than in 2009, the year the office opened, according to its latest annual report. That means there are still too many disputes with government offices refusing to release public records.

Philadelphia was the subject of the most appeals involving local agencies, with 59, according to the report. In one case, the city fought an Inquirer request for Mayor Nutter's schedule.

The appeals also show that the public has become more aware of the Right-to-Know Law and more willing to fight for transparency. Most of the appeals came from ordinary citizens exercising their right to see government records. And some of the records released helped the public hold government accountable.

In one case, records obtained under the Right-to-Know Law revealed that a lawsuit had cost local taxpayers more than $250,000 in legal fees. Another case showed pay disparities among employees of a public agency.

Despite those successes, however, there are still troubling instances of bureaucrats going to great lengths in their misguided attempts to block the release of records. In one logic-defying case, Reading officials denied a reporter's records request on the grounds that it amounted to the "unauthorized practice of law."

That makes no sense. The law was designed to allow citizens to obtain public records without going to court or hiring a lawyer. Terry Mutchler, executive director of the Open Records Office, called Reading's claim "one of the most stunning" she had seen in the more than 6,000 cases she's handled.

With a $1 million annual budget and a staff of 10 lawyers and aides, Mutchler's office has been an effective champion of openness. It's well worth the dividends in public trust and confidence in our government.