IV - Open Records
Speaker’s
Commission on Legislative Reform
June 12, 2007
Voting Meeting
1a) Shall the Commission recommend that public access to
government documents be increased?
12-0 / 12-0 RECOMMEND
1b) If so, shall the Commission
recommend that the presumption should be that all records are subject to public
access unless otherwise specified in law?
12-0 / 12-0 RECOMMEND
1c) If no to
1b, than shall the Commission recommend doing so by exploring both the adoption
of the presumption that all records are subject to public access unless
otherwise specified in law, and/or by expanding the existing definition of a
"public record" including, but not limited to, such information as
receipts, audits, budgets, agency procedures, employees salaries and safety and
incident reports?
NOT VOTED
1d) If yes to 1b or 1c, shall
the Commission recommend that the legislature be included under the provisions
of the law (including its operations, employees and activities) but subject to
the same exemptions provided in law and specifically exempting constituent
casework, and documents or records prepared exclusively for any meeting not
subject to Title 65, Chapter 7?
12-0 / 12-0 RECOMMEND
1e) If yes to 1b or 1c, shall
the Commission recommend exceptions to the availability of any record, based
upon those noted in proposed HB 443 and those included in Governor Rendell's
draft proposal of 5/22/2007?
12-0 / 12-0 RECOMMEND
1f) If yes to 1b or 1c, shall the Commission
recommend that all personal communications, whether written, electronic or
otherwise, including constituent and agency case files, be include in an
exception?
12-0 / 12-0 RECOMMEND
1g) If yes to 1b or 1c, shall the
Commission recommend that in order to protect the privacy of the individuals
involved and to foster the free flow of information, that any communication
with members of the Legislature or their staff, such as conversations, emails,
letters, phone conversations, casework files, phone logs, faxes, etc. be
considered private and not available for public access?
11-1 / 7-5 NO RECOMMENDATION
1h) If no to 1f, shall the
Commission recommend that in considering the question of any exceptions to the
availability of a record, that the form of the record be considered superior to
the content of the record?
NOT VOTED
( there is no #2; it was accidentally omitted from the
procedure-esf-)
3) Shall the Commission recommend that where, for example,
Legislative, Administrative or Policy action necessitates the mandate for
records not previously existing, the agency or political sub-division shall
have a time period in which to determine that such record should not be a
public record?
NOT VOTED
4a) Shall the Commission recommend a method of appeal for requests
made of local governments and state agencies?
* Appeal to the agency or political
sub-division which rejected the request
* Appeal to the Office of Public
Access (to be created within the Ethics Commission)
* Appeal to the Court of original
jurisdiction within the origin of the request
12-0 / 7-5 NO RECOMMENDATION
4b) If no to 4a, shall the Commission recommend a method of
appeal for requests made of local governments and state agencies?
* Appeal to the agency or political
sub-division which rejected the request
* Appeal to the Special Master for
open records established in the court of jurisdiction
* Appeal to the Court of original
jurisdiction within the origin of the request
2-10 / 6-6 NO RECOMMENDATION
4c) Shall the Commission recommend a method
of appeal for requests made of local governments and state agencies?
12-0 / 12-0 RECOMMEND
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