Lack of transparency

Public records requests ignored by the state

In times of crisis, we need to trust that our elected leaders are being honest and forthright, acting in our best interests. Any attempt to withhold information only serves to damage the public trust and raise suspicions regarding government actions.

Sadly, the public trust has been compromised severely in Pennsylvania since the COVID-19 pandemic resulted in the emergency closing of businesses, schools and agencies statewide. Government transparency, which should be paramount during this unprecedented and challenging time, has drifted into the shadows.

Rather than a commitment to openness, the administration of Gov. Tom Wolf has opted for a shutdown of access to public records and created a state government that can largely operate in secret for an undetermined period.

The pandemic is no excuse for restricting public access to government records and actions. The Wolf administration must reverse this policy and allow public records requests to be processed and addressed.

Since mid-March, most government offices have been closed in an effort to slow the spread of the coronavirus. Public records requests, even for agencies that are still operating — the Department of Health, for instance — have gone unanswered, and will likely continue to be ignored for the foreseeable future. In essence, the state’s Right-to-Know Law has been suspended.

Mr. Wolf, who campaigned as a champion of government transparency in both of his successful gubernatorial elections, has rationalized that he and other state officials are trying to be as open as possible, but that there are some things — such as public records requests — that can’t be handled because of the emergency situation and agency shutdowns.

The public, press organizations, the American Civil Liberties Union and even the state Legislature aren’t buying that excuse.

The Legislature last week passed a bill — by a nearunanimous vote — that would require public access to government records while the state is operating under a disaster declaration. A spokesperson for Mr. Wolf said he does not support the bill, but gave no indication as to whether he might veto it.

The flashpoint in the controversy relates to the Wolf administration’s refusal to provide documents related to the granting of waivers that allowed some businesses to reopen during the shutdown. The process, which was handled by the Department of Community and Economic Development, has been marked by secrecy and inconsistencies in determining what businesses received waivers and which were denied. The administration has said it will release information about the waivers, but has given no time frame as to when that might happen.

Senate Republicans even took the unusual step of issuing a subpoena for the DCED documents related to the controversial waiver process.

At a time when Gov. Wolf and state officials should be as transparent as possible about decisions affecting the commonwealth’s 12.8 million residents, the administration has instead chosen to effectively ignore requests for access to public records. If the Wolf administration won’t reverse its policy, the Legislature should force it to comply.