Gov. Tom Corbett's administration has not decided whether to appeal an order that would reveal hundreds of emails sent amid the Jerry Sandusky child abuse scandal, Corbett said on Thursday.
The Pennsylvania Office of Open Records on Wednesday told the state Department of Education to release 644 pages of email messages exchanged among top Corbett aides, Penn State University board members, the governor and former Education Secretary Ron Tomalis.
A 2002 Penn State alumnus, Ryan Bagwell, sought the documents as part of an open records campaign to illuminate how the school dealt with the Sandusky scandal.
State officials, who had objected to disclosing some of the emails, have 30 days to appeal.
At Penn State, a school spokesman said the matter is under review.
Appearing at Pittsburgh International Airport for an economic development announcement, Corbett said his administration and the Office of Open Records often disagree on whether documents are confidential or “pre-decisional,” part of public decision-making.
If emails with “pre-decisional” information were always considered public records, Corbett said, “you'd start only using telephones at that point,” he said. “You have to be able to discuss.”
Corbett said he “very rarely” uses his email, partly because of requests to make his correspondence public.
“Then I'm not going to be able to voice opinions I may want to change — because you all would report it right away, wouldn't you?” Corbett told reporters.
Tomalis resigned this week as Corbett's higher education adviser following suggestions that he might have done little work for a $139,000 annual salary. Corbett, a Republican running for re-election against Democrat Tom Wolf in November, said he would not replace Tomalis until after the election, if then.
The governor said Tomalis provided “a great deal of service.” He has said Tomalis was not a “ghost employee,” and that calls for an investigation are “total politics.”
Tomalis could not be reached for comment.
“I'm not replacing anybody right now with less than four months going into the election,” Corbett said. He expects that “after I'm elected, I'll decide whether I want to continue with somebody in a role like that.”
As the state Education secretary, Tomalis was a Penn State board member while the Sandusky scandal and its fallout unfolded in 2011, 2012 and 2013. Bagwell's requests uncovered in March about 500 pages of emails involving Tomalis in his Penn State role, though the state cited attorney-client privilege to withhold 150 pages from release.
Bagwell is pursuing appeals through his Penn State Sunshine Fund, saying the released emails raise questions about the flow of information among Penn State board members and a board-commissioned investigator who reviewed the Sandusky matter. Partially redacted documents show the board tamed congressional pressure after Sandusky's arrest in November 2011, among other details.
Sandusky, 70, a retired assistant football coach for Penn State, is serving a 30- to 60-year sentence for sexually abusing 10 boys, often on school grounds. A Centre County jury convicted him in June 2012.
Three former Penn State administrators, including former President Graham Spanier, are awaiting trial on related cover-up charges.
Melissa Daniels and Adam Smeltz are Trib Total Media staff writers.
