The state Supreme Court on Tuesday will hear arguments in a case involving the release of state records to the Tribune-Review under Pennsylvania's Right to Know Law.
Commonwealth Court ruled in the Trib's favor last year, overturning a decision by the state Office of Open Records to release heavily redacted records of how fire departments and other agencies spent about $96 million in federal Homeland Security grants.
The ruling upheld the idea that government agencies must prove they have a good reason for withholding information from the public, lawyers said. Reporter Brian Bowling sought the records on behalf of the newspaper.
"The Office of Open Records wants deference to their decisions," said Trib attorney David Strassburger. "Whether you get another chance in court is something people should care about. Sometimes the agency gets it right and sometimes it doesn't."
Terry Mutchler, director of the Office of Open Records, did not return a call for comment. Many government offices in Harrisburg were closed because of flooding.
The Pennsylvania Emergency Management Agency turned over a list of equipment the grants paid for, but the list didn't include names of agencies that received money. PEMA claimed that information would endanger state security. The Office of Open Records agreed.
PEMA eventually released the information, but the Office of Open Records appealed to the Supreme Court.
The justices must decide whether appellate courts can make decisions about open records or whether they must yield to decisions of the Office of Open Records and overturn those rulings only if large errors are evident, Strassburger said.
Strassburger filed a brief supporting court review of Open Records' decisions, writing that the court should be allowed "to take an uninhibited look at the record."
The office argued that a court review "severely undermines the ability for requestors of public records to obtain expeditious resolutions of disputes regarding access to taxpayer-funded records."
The Supreme Court also must decide whether appellate courts can hear additional evidence on appeals. Commonwealth Court ruled they can. The Trib and the Office of Open Records opposed that portion of the decision, Strassburger said.
Additional Information:Tune in
The Trib's hearing will be the first televised state Supreme Court proceeding.
Pennsylvania Cable Network will air the first day's session on Tuesday, following an interview with Supreme Court Chief Justice Ronald Castille at 6 p.m. Days two and three of the proceedings will air at 7 p.m. Thursday and Friday.
Go online here to find the PCN channel.
