Bucks man testing open records

From the BCCT.

Bucks man testing open records
By GEMA MARIA DUARTE

Dave Cahill is the first Bucks County resident to take the state's new Right-to-Know law for a test drive.

He submitted two appeals to the state's Office of Open Records after he said Penndel denied his requests for public information in early January.

A year and two days ago, Gov. Edward Rendell signed the new Right-To-Know law, changing the way Pennsylvanians access public records from state and local governments. The new law became fully effective Jan. 1.

Cahill said he hopes his challenge, received by the state Jan. 23, will pay off with copies of third-party reports paid for by the borough that detail the results of inspections of two privately owned properties in the borough.

Penndel's denial letter dated Jan. 7 states that the investigation reports were conducted by Building Inspection Underwriters based in Feasterville.

"The inspections and reports were paid by taxpayer money, so it should be public information," the borough resident said.

The company inspected two homes on the 400 block of Cynthia Avenue after complaints were filed that allege those properties have apartment-like structures, also known as equivalent dwelling units, in addition to the main house on the property. If that's the case, and the EDUs are rented, those property owners would be required to pay separate fees for garbage collection, sewer service and a renter's tax.

Penndel tax records show that one of the property owners is former council president Janet Myers, who earlier this month resigned as tax collector due to health concerns. She had been appointed to the position in 2008. Myers has said that she doesn't have a rental unit on her property.

The other property is owned by James and Susan Anderson. Susan Anderson is a member of the borough's Long Range and Finance Committee. The newspaper was unsuccessful in reaching the Andersons for comment Friday.

Penndel council President Ward McMasters said he didn't want to comment on the issue, saying that it's a matter between Cahill and the state.

Under the Right-to-Know law, a record is presumed to be public unless a government agency can prove otherwise by citing specific reasons detailed in the law.

Penndel did that.

In its denial letter, the borough said the law "does not mandate the disclosure of records of an agency relating to a non-commercial investigation including investigative materials, notes, correspondence or reports. In addition, it discloses an unwarranted invasion of privacy."

The Pennsylvania Office of Open Records has 30 days to determine whether the information Cahill requested is public or private, office deputy director Barry Fox said last week. The office's appeals officer, Dena Lefkowitz, contacted Cahill and Penndel in a three-paragraph letter dated Feb. 6, advising them of the procedure.

Since Cahill's appeal, the state has received four others from county residents, including one from Fairless Hills resident Jihad Ali, who has requested information from a nonprofit group in Philadelphia. Two appeals are from Chalfont resident Mitchell Meyerson. And the other was submitted by Allison Dukes of Warwick.