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Government needs transparency during pandemic

We strongly support Pennsylvania House Bill 2463, which would require state agencies to respond to Right to Know Law requests during the COVID-19 pandemic and other declared emergencies.

The legislation also has the support of the American Civil Liberties Union.

The administration of Gov. Tom Wolf has mostly stopped answering these requests because of what it claims is more pressing business involving pandemic matters. There is no more pressing business than open government.

We realize that these are unprecedented times, but they should not be a subterfuge for watering down the transparency of how our government operates.

The bill, sponsored by Rep. Seth Grove, R-York, passed the house unanimously by a 202-0 vote two weeks ago but is now stalled in the Senate. We are asking the delegation in our five-county Times News region to urge quick positive action on the bill. Included are John Yudichak, I-Carbon and Luzerne; David Argall, R-Schuylkill; Mario Scavello, R-Monroe and Northampton; Lisa Boscola, D-Northampton and Lehigh, and Pat Browne, R-Lehigh.

It is likely that Wolf will veto the bill, although he has not committed to a position, but we are confident that there are more than enough legislators in both houses to override the governor’s actions with a two-thirds vote.

News organizations across the state have filed Right to Know Law requests to try to find the criteria the Wolf administration used in granting waivers to nonessential businesses. Wolf won’t tell us, and it has resulted in an ugly backlash from business owners who have not been allowed to open and who fear that they will be forced out of business or will see their operations greatly curtailed.

But this is just one of the major areas where our government is not coming clean with us. The governor and his administration have placed a near total restriction on these types of requests.

One of the media’s newest and most powerful organizations, Spotlight PA, said that this has had a “chilling effect” on news gathering efforts by newspapers and broadcast media statewide.

Spotlight PA’s mission is to hold powerful private and public forces - especially governments, businesses and special interests - to account, according to Editor-in-Chief Chris Baxter.

This decision by the Wolf administration affects everyone in Pennsylvania, because the Right to Know laws are not used only by journalists, but anyone can file one to unlock government secrecy.

Grove’s bill would prohibit government refusal to honor Right to Know requests during a disaster declaration. If a government agency ignores the request, the person or organization requesting the information would be able to file a petition with Commonwealth Court.

If the bill becomes law, it would take effect immediately and would be retroactive to March 6, 2020.

For his part, Wolf said he is trying to be as transparent as possible but acknowledges that there is so much work to do that it is difficult to keep up with the many requests that are COVID-19 related.

A spokeswoman for the Wolf administration accused some legislators of “grandstanding” instead of being collaborative to deal with the pandemic. Rep. Peter Schweyer, D-Lehigh, said that during this emergency more power accrues to the executive branch of government. He said the public and legislators have a duty and responsibility to review what the governor and his administration are doing.

“It’s essential that the press and the public be able to dig in and see records that relate to how the government has responded to the crisis,” said David Snyder, executive director of the First Amendment Coalition.

Grove said that the people have the right to petition their government, and the media have the right to question government. “Government transparency cannot stop during times of crisis,” Grove said.

“The administration’s reaction to the crisis has been marred with controversy and has generated serious questions. It has been nearly impossible to get answers to any of the questions, because agencies simply are not answering them,” Grove said.

This is unacceptable, and we call on our local senators to lead the push for upper chamber passage, and we also urge Wolf to do the right thing and show his compliance by signing the legislation.

By Bruce Frassinelli | tneditor@tnonline.com