Pennsylvania open records law is about to change

Pennsylvania open records law is about to change, and it is up to citizens and local agencies to know how to apply the new law.

That was the message of Terry Mutchler, executive director of the new Pennsylvania Office of Open Records, at a training session at East Stroudsburg University on Thursday.

"The key change to this law is that now, citizens no longer have to prove why the record is available," Mutchler said. "Under the previous law the burden was on you, the citizen, to prove why the record is available. The burden 100 percent of the time is on them to show why they won't give you the document."

More than 30 people attended the training session in the Beers Lecture Hall at ESU. The two-hour session taught local citizens and some members of local governments and school districts how the new law will change the way they handle open records requests.

Several members of Monroe County municipalities attended the session, and state Rep. Mike Carroll, D-118, said before the training session that it will be important for local governments to understand and apply the law next year.

"Those of us who represent the northeast part of the state, it's important that local, county and school officials have a deeper appreciation and understanding of the law," Carroll said.

Beginning on Jan. 1, it will be easier for citizens to request information from local agencies, Mutchler told the audience.

Anyone has a legal right to access public records under the law and after submitting a formal application for documents, either by e-mail, fax, mail or in person, an agency has five business days to either provide the document or give written explanation for denying access.

The new law will make it easier for citizens to appeal a denial, Mutchler said. In the future those appeals will go to her department in Harrisburg.

"This law comes down to a philosophy," Mutchler said. "You are either pro open government or you are not. I can tell you, and this is not a mystery novel, the Office of Open Records is going to come down on the side of openness. We're going to apply this law fairly and evenly."