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WILK News Radio>Audio & Video on Demand>>Nathan Byerly, Deputy Director of PA Office of Open Records with Corbett

Nathan Byerly, Deputy Director of PA Office of Open Records with Corbett

Feb 20, 2014|

Nathan Byerly, Deputy Director of PA Office of Open Records talks to Corbett about right to know requests especially in Scranton.

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Automatically Generated Transcript (may not be 100% accurate)

So I immediately called the right to know offers. In Harrisburg. I got Nathan barely on the telephone and Nathan barely is kind enough to give us some kind of response. As to whether or not the right -- law is being disrespected in Scranton. Maybe even violated Nathan barely thanks so much for your call. Our enemy know what's your reaction to all this negative. Then all of the little hole and college and our kittens two options along for -- -- -- -- -- -- Opt out of launching the toll. The compliance. -- -- -- is you. Who would file right now crashed at an agent -- it was -- You keep following close -- and how it's supposed to work. -- respond he would comply. This stage telling -- here you know he can have a look at the record and they are. Or does much to Costa copying is kind of an outright deny and say here's the reasons why don't actually get access to records there to support. Up from thirty exemptions within their -- -- -- you know public security. Social Security number and should investigate an exception there's some there's a number of lead and they can -- withholding the records and I. This can also take a thirty day extension. Am I. Number differently than -- your view can't understand from that and those thirty days unless -- -- -- The permission from the cluster current and -- To respond and he requested to enter automatically denied care. And it's -- to commit five didn't -- deadline people would be considered automatically denied and -- appeal. Period between Iran just one -- involving people can't tell -- -- it will. It's just not familiar exactly what it should be the backlog. Has been mentioned what mentioned in the article but I come. Well I can go back. And 835. You know unless they have out. Because I'm specific. I'm going to build extensions from upstairs and I. All of a -- the last 35 days and a bit -- and here we go back and and six months already considered an item you kill time -- party ash -- -- I was. What would this city in their negligence. We held accountable for their negligence. -- -- -- On the all. What's called bad act in bad shape and that's determination that need our backcourt and I -- Our civil penalties. And can -- -- involved. Send another party or one -- -- to bring some action that determination better. By the court -- officer of open does that make these. I'll move. He's going to be penalized for bad shape so there are. I think he's built in total county built into the law we got a couple case is sort of come down to where we can happen. Asterisk after have been granted attorney fees and the court and also issued -- a -- civil -- So would there would be open records office in any position to advise our help people. Because in this series well this is obviously. Canyon in what appears to be an admission of guilt a blatant violation. Of the spirit and letter of the law. They can do is -- right to know us if -- don't hear anything less than I have. In this case. I'm 28 people to give me a couple different states you have. Once they requested and and I -- out I actually didn't they have two weeks to appeal to ask people to get a couple extra days in case something in the -- After and that's every -- didn't stated you don't hear anything. You have a right to follow through -- process and I don't get thirty day letter you know once the thirty -- -- due to populate our offense and act. -- in the involved in the process and we could begin. Monitoring the process so as to whether or not. And safe week and -- potentially makes recommendations to the courts now so. They're different legal action this decision made definite continued practice that's been ongoing. So would would this be an action that the the complainant would have to Macon county court is not worth the. And then I know we Jamaica until -- and make a complaint -- what I don't. -- -- what happened lieutenant any team that does -- situation we're in our music automatic state -- crushed patent. Respond inside or in this case he could control to walk fashion. And directed. I'm being a respond to show why can't -- shouldn't be time released and find out here. Then issue a final determination -- -- access to records can stand there. Actually they comply with the order. I think if they don't agree with that -- the binding order so it's enforceable. So you could. Looked solid action the court directing them to comply and an entry into the civil county invincible. Wow double what did manage might be private citizens not members of the press who don't really understand the procedure they filed a request they got ignored this guy should know round with a telephone book size the list of black belonged requests. That he doesn't even bothered to kill it. Here's -- there's something that can be done took -- until we like revoked his right to know officer status. I don't know prudent move forward them along and there is exemption that's true person and I'll liability and that. Again you didn't see the options -- on the -- filing for the civil penalties to a portrait. Bad -- eat out renewed its commitment. To pursue that the. Yet now just for the record if I wanna file a right to know request with David Ball Sony who is the right to know officer in the -- -- Scranton. I am allowed according to the right to know law to file an email request is that not true. Can file an email us now can they can pass pollen seems to require you to use our. It's rare form half court. -- and eat off at a local and develop a standard -- -- have to -- -- -- ancient world -- their own forms to try to do especially when there EPA if you -- -- -- specific kind of record. We'll develop their own arms so I -- Help -- request to be able to guide them as to what type of record we're requesting -- there'll be kinda kept. It costs were clustered file right across from after. And -- record under the sun hat. Here create interest to come down and didn't sometime did provide -- and auctions when they're so that they can check ball -- -- -- -- definitely can be you know more descriptive of what they're looking for. Well that's all well and good but you know their convenience is not what's at issue here. The law if I'm not mistaken and about and explain to me before allows me to file an email requests and I. -- have to give them the luxury. While meat filling out their former of their offices form the law allows me to file any number. Right. -- there's been -- I'm not mistaken provided they can Mickey Rourke I usually don't -- and I have to get doubled Shaq. What I need double checked I need triple checked because that's gonna throw big monkey wrench into the hole right to know law I'd I'd. The first question would be whether or not to. -- you're dealing look at that policy because they're we knew we run -- -- a lot worried agency's rules say. As you know earlier this is a serious Scranton and they claim that I have to fill -- their form and I told their right to know officer I have been filing email requests for years and I'm -- final email request for which this city is grand and I expect the -- be abided by. So they have their own form and I am not -- -- Little -- looking at ML policy. On matters that are really just telling you then deny. I would look at the -- -- have a binding policy and then. -- -- -- -- -- -- -- And where agencies well cops are OK you got this Bluetooth. On warm and they don't count up a written policy until the fact that -- playing bad that's. Imagine all and that's the whole point that's a whole point -- want their own form to be used to deter people from making these requests. That's why the right to know loss said you can do what you can even do it on a telephone if you want to know you don't have the appeal rights then. -- -- I don't like the idea that these bureaucrats are going to be pushing people around to make it harder for people to -- these request. Because they got to get the form from these specific agency. The right can no longer is pretty clear my mind and have been able to file them. As email requests because it's more convenient for me to do it that way for the average person to do it that way. So that's that's a little bit of controversy I don't care for. Well right now I cook in the final determination that sounds good right you'll have a copy of that to make sure that I am hackers on the law -- say that they can develop their own forms can use them and I believe that in the actual you know. -- -- -- -- Wow now until I want to and they are taken out of the right to know law because it says clearly you can send an email request and if it says that in the long. That to me trumps. What the policy. Of this Scranton City Hall happens to bury and that makes it appeared to many. It may tenth. That that's a way to skirt and a right to know law. Maker -- people. And I got protect my permit the top of the world records show develop a uniform. More children except about -- -- -- then local agencies in addition. Amused by the agency to file a request under this act. Published uniform form our -- Site gamblers who wears it mentioned emails it says very clearly that you can send an email requests -- -- -- -- in I don't know what you can attack. Or Judy I don't I don't anymore I don't wanna do that I wanna send my email requests for specific information and then they need to follow the long simple as that. That well that's a valid. Approached it and I don't like it up until that allows -- that -- -- -- point. -- know it. Leadership I cannot think of the melodies and but I just cannot be out there around their center to prevent the very beginning and there's you know and some the issue be addressed he couldn't help I think here they know. Is this a big one and since so Scranton is front and center in the spotlight pensions David -- Sony. Doesn't have any experience in right to know we come out of the banking industry. Since he's the man in charge right now. We gotta get this cleared up because I'm going to be file in my right to know request and he better applied the law and abide by the law. I'm a great supporter of the right to know -- lobbed back and touch would you. I am and then you know and like I sent it escalated to. -- get a definite determination not to file appeals process and let everybody have a can't argue. I'm gonna send 110 night. Doctor we'll talk to you soon hey thank you all right -- barely right to know lossless Harrisburg.