The governor's office turned over much of the material but redacted 17 emails and 28 calendar entries, citing exceptions to the state's Right to Know Law.
Pennsylvania Gov. Tom Corbett is fighting the state’s Open Records office over access to emails and calendar entries sought by The Associated Press.
In a second round of arguments today in Commonwealth Court, the governor’s office asked for full court hearings to determine if the material must be disclosed to the Office of Open Records. That agency would then hold private reviews to decide if news organizations should get requested information or if it is exempt from the law.
The governor’s office turned over much of the material but redacted 17 emails and 28 calendar entries, citing exceptions to the state’s Right to Know Law. The missing information includes the subject of scheduled meetings.
Corbett’s office argues that the subject lines could suggest the nature of private, internal deliberations that are exempt under the law.
The Commonwealth Court had ordered the governor’s office last year to send the information to the Open Records office for in-camera, or nonpublic, review.
But the governor’s office appealed, saying the office has no authority to compel the production of records. Corbett’s office wants full Commonwealth Court hearings to determine whether it needs to disclose the information to the agency.
“I’m sure the Office of the Governor would fund the 6,000 hearings that would be required if we accept your position,” President Judge Dan Pellegrini said, challenging Corbett lawyer Jarad Wade Handelman.
Dena Lefkowitz, chief counsel for the Open Records office, called in-camera reviews “a workable compromise” to the request for full hearings. The delays necessitated by court hearings would make it virtually impossible to fulfill open-records requests within 20 business days, as required by law, she said.
Commonwealth Court Judge P. Kevin Brobson found that deadline “disturbing,” given the privacy issues that could be at stake if sensitive material is disclosed.
The 2008 Right to Know Law is designed “to prohibit secrets, scrutinize the actions of public officials, and make public officials accountable for their actions,” the Commonwealth Court wrote in its 2012 ruling, citing its wording from a 2010 case.
The court did not indicate when it would rule.