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Pittsburgh Ethics Board Refuses To Release Secret Memo

POSTED: 3:35 pm EST January 14, 2008
UPDATED: 6:19 pm EST January 14, 2008

Pennsylvania's open records law is regarded as one of the weakest in the country, but after 50 years, that could soon change.

The state Senate could vote this month on major changes to make Pennsylvania's Right to Know law more open. It would switch the burden of proof.

The government would have to prove why a disputed record should not be public. Under current law, citizens must prove why they should get access.

A WTAE Channel 4 Action News request to the Pittsburgh Ethics Hearing Board illustrates the issue. The Ethics Board is refusing to release a secret memo it received from the city law department.

But according to WTAE Channel 4 Action News reporter Bob Mayo, the secret concerns the law department's advice about how to obey Pennsylvania's Sunshine Act, which is the law mandating that most government meetings be open to the public.

WTAE first requested the memo from the Ethics Board more than three months ago and repeated the request in three follow-up e-mails, which are posted online in Mayo's blog.

City Solicitor George Specter said in a response that the memo is "not subject to disclosure under Pennsylvania's Right to Know Act."

While the current law doesn't force the Ethics Board to make the memo public, that doesn't mean they can't do so voluntarily.

In a message to the board, Mayo wrote: "Respectfully, since the purpose of the Sunshine Law is 'Sunshine' -- i.e. an open view for the public on the operation of government -- I would suggest that the interpretation of how an exemption to the Sunshine Law is being applied should not be confidential."

Sister Patrice Hughes is chair of the Ethics Board. Channel 4 Action News asked her again on Monday for the memo and to discuss the issue on camera, but she declined and referred us back to Specter.

So far, Specter has not responded to WTAE's request for an interview.

It's not clear whether the memo would be a public record under the proposed new Right to Know law. The bill would, however, set up an independent body to hear appeals of denied Right to Know requests.


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