To borrow a device from the recent Republican candidates’ debate: Raise your hand if you think that lobbyists influence politicians, officeholders and public policy. Raise it again if you think that the public should know how those lobbyists influence politicians, officeholders and public policy.
The state’s 203 representatives and 50 senators disagree with you. They claim to represent only the public interest, rather than those pressed by hired lobbyists, and shield themselves from any public disclosure that could prove otherwise.
Pennsylvania’s Right-to-Know Law says that correspondence between a state lawmaker and others are shielded from disclosure by the legislator — unless the correspondent is a lobbyist.
That should settle the matter, but the Legislature routinely denies requests for such correspondence. Spotlight PA, an online newsroom, asked the designated public records officers of the House and Senate for communications between legislators and a small group of well-known lobbyists.
Both chambers rejected the requests. Spotlight PA appealed and lost again.
If a state executive agency or local government had rejected the request, Spotlight PA’s appeal would have gone to the independent Office of Open Records. It rules on such disputes, which then may be appealed in state courts. But the Legislature effectively has immunized itself from public disclosure. The records law that it passed holds that appeals of document requests that the House or Senate rejects must go to the House or Senate rather than to the independent OOR.
The Senate appeals officer is the chamber’s secretary, who is appointed by senators. The House appeals officer is a lawyer appointed by the House. If either officer has a conflict, the dispute goes to the Legislative Reference Bureau — the director of which, surprise, is appointed by legislators.
The results are predictable. While the Office of Open Records has partially or fully ruled in favor of records requesters in about 30% of cases, the Senate, for example, has rejected 31 of the 34 requests received since 2009.
So, raise your hand if you think that the Open Records Law should be amended to force lawmakers to disclose their communications with lobbyists.
— Republican & Herald, Pottsville via TNS
