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Opinion Page 6 Tuesday, March 16, 2010 news@bhpioneer.com Open records still a work in progress EDIT%R's N%TE+ Sunshine Week is a national initiative to open a dialogue about the importance of open government and freedom of information. The Black Hills Pioneer will be recognizing the national movement by publishing nationally syndicated columns informing the public on strides media outlets have made. !Y KIM DE !O)R!ON It#s a pretty good law. But having a good law and having a universally good 8open government: attitude across the state are two different things. Pennsylvania#s new 8Right to ?now Law: took effect Ban. 1, 200G, more than a year ago. Has it been successfulJ It depends whom you ask and how you measure success when it comes to citiKens being able to keep track of what their government is doing. The new law gives everyone the right to see and copy records held by all local and state governments and agencies across the state. That#s thousands of municipalities, counties, school districts, universities, bureaus, departments, commissions, boards and other public entities. There is no way to track how many requests for records have been submitted under the new law, or how many of those requests have been granted or denied. All we can measure is the 315 Seaton Circle, Spearfish, SD 57783 7 South Main, Lead, SD 57754 Phone 605-642-2761 • Fax 605-642-9060 Email: news@bhpioneer.com number of appeals that have been made under the new law to the state Office of Open Records — the new state agency charged with deciding who is right when those asking to see government records believe they have been denied for no good reason. The Office of Open Records received 1,1QG appeals in its first year, the vast maRority from citi- Kens trying to get information from their town or county government or school district. The new law created this office, and that is reason enough to celebrate, as now people have somewhere to turn when they are told they have no right to know what their government is up to. But it#s far from a perfect system. One of the biggest problems is that when the OOR sides with citiKens and grants access to records, the government agency may fight that decision by going to court — forcing the citiKens to defend themselves against taxpayer-funded government attorneys. It#s to be expected, of course, that any new law must be tested and refined through the courts. There are many provisions of the Right to ?now Law that do need DOONESBURY BY GARY TRUDEAU MALLARD FILLMORE BY BRUCE TINSLEY PUBLISHER, Letitia Lister MANAGING EDITOR, Mark Watson AD MANAGER, Dru Thomas PRODUCTION MANAGER, Scott Lister CIRCULATION DIRECTOR, Charity Runnells ACCOUNTING, Ardith Richards interpretation and clarification. But the state Rudicial system must find a way to make it easier for people who, by simply following the law and exercising their Right to ?now, find themselves in court, going head to head with the government on public records issues. It#s also frustrating that local governmentcompliance with the new law still is so spotty. The Pennsylvania Freedom of Information Coalition#s online forum handles more than V00 inquiries a year from people — citiKens and elected officials alike — who have questions about the state#s open records and open meetings laws. And it#s clear from the questions and problems being posted that the new law has done little in some parts of Pennsylvania to open up official attitudes and understanding. Another clear indicator that the message has not yet gotten out to all is our online audit of every county in the state. The new law requires all public agencies to post Right to ?now information on their websites, if they have one. Four things are requiredW The contact information for the agency#s openrecords officerX the contact information for the state Office of Open RecordsX a form which may be used to file a requestX and the policy and procedures for handling requests. It#s very disheartening that more than a year after the law took effect, less than half of Pennsylvania#s counties are in full compliance with this requirement. Out of the YY counties with Web sites, only 2[ (]1 percent) are obeying the law by making it easy for people to find out how to get government records. (Actually, not all of these counties make it easyX as long as all the required information was posted, we counted a county in full compliance, even if the information was hard to find or difficult to understand.) Fifteen counties (2] percent) have absolutely no right to know information online, at least not that we could find after a reasonable amount of searching. Even more disturbing is the number of counties posting information that is clearly wrong or outdated. Centre County offers a form that asks if the requester is a resident of Pennsylvania, which is no longer a requirement for open records requests. Clearfield County states there is a `[ fee for each 1Q minutes it takes to retrieve or redact records, a fee that is not permitted under an Office of Open Records directive. Three counties — Delaware, Fulton and Mercer — state that they issue their own decisions on appeals, although under the new law only the Office of Open Records has the authority to hear appeals when people disagree with a local agency#s denial of records. We can be sure that the rate of compliance on the municipal level is even lower, given that so many of our smaller townships struggle to do much more online than provide an address and phone number for the municipal office. So, there is still much to be done. Although our law is much improved, and in many ways provides a model of public access, it will be years before open-government thinking becomes second nature to all of our public servants. While Rudges, and perhaps the Legislature, continue to work out some of the kinks in the law, citi- Kens can help the cause by learning about their rights to access under the new law, and holding their government agencies accountable for following through. Kim de Bourbon is executive director of the Pennsylvania Freedom of Information Coalition, a nonprofit group that helps citizens understand and use the state's open records and open meetings laws through its Web site at www.pafoic.org. • SPEARFISH, BELLE FOURCHE, WHITEWOOD NEWS: 315 Seaton Circle, PO Box 7, Spearfish, SD 57783 Toll Free 1-800-676-2761 or 605-642-2761 • Fax 605-642-9060 Office Hours: 7:30 a.m. to 5:30 p.m. Monday-Friday • Closed Saturday, Sunday & national holidays • LEAD-DEADWOOD NEWS: 7 S. Main, PO Box 876, Lead, SD 57754 Phone 605-584-2303 • Fax 605-584-2333 • OFFICE HOURS: 8 a.m.-5 p.m. Monday through Friday • Closed Saturday, Sunday & national holidays • SUBSCRIPTIONS: Call For Rates In Your Area • Mail Rates - Quarterly - $37.50 PAYABLE IN ADVANCE The Black Hills Pioneer is the official newspaper of Central City, City of Deadwood, City of Lead, Lead-Deadwood School District, City of Spearfish, Lawrence County, Spearfish School District, St. Onge, Whitewood, and the legal newspaper for publication of notices. COPYRIGHT, 2010, Black Hills Pioneer. All rights reserved. Nothing may be reprinted, photocopied, or in any way reproduced from this publication, in whole or in part, without written permission from the publisher.
Tuesday, March 16, 2010 BLACK HILLS PIONEER Page 7 Housing construction drops in February !" #$%T'( )%*T+'(,-% !P E$%&%'($) +,(-., !"SH%N'(ON +"P- . H/01234 5/31670562/3 89:: 23 ;9 =1 ?23@ 697 23 6C9 N/76C9=16 =3B S/06CE (C9 B95:239 C24C:24C69B 6C9 5C=::93491 8=5234 167044:9 6/ 9F9749 87/F 6C9 ?/716 C/01234 1:0FG 23 B95=B91E (C9 H/FF9759 I9G=76F936 1=2B (091B=> 6C=6 5/31670562/3 /8 39? C/F91 =3B =G=76F9361 89:: JEK G97@ 5936 23 ;9 6/ = 19=1/3=::> =BL0169B =330=: 7=69 /8 JMJNOOO 03261N 1:24C6:> C24C97 6C=3 6C9 JMONOOO 6C=6 95/3/F2161 ?979 9PG956234E Q=30=7> =562D26> ?=1 79D219B 0G 6/ = G=59 /8 R22NOOO 03261N 6C9 167/34916 1C/?234 23 T4 F/36C1E H/F9234 6/ 9F9749 87/F = 19D979 C/01234 B/?36073E " 79E (C9 ;9 ?9=V3911 798:9569B = F/B916 OER G975936 B7/G 23 1234:9@ 8=F2:> 5/31670562/3N ?C25C B95:239B 6/ 4KKNOOO 03261E (C9 F/79 D/:=62:9 F0:62@8=F2:> 1956/7 G:0349B WOEW G975936 6/ =3 =330=: 7=69 /8 MRNOOO 03261 =8697 C=D234 10749B TXEJ G97@ 5936 23 Q=30=7>E "562D26> B7/GG9B KER G975936 23 6C9 N/76C9=16 =3B TJEJ G975936 23 6C9 S/06CN 6?/ 7942/31 C26 13/?@ 16/7F1 23 ;9E Y02:B234 7/19 TOER G975936 23 6C9 Z2B?916 =3B MEK G975936 23 6C9 !916E Y02:B234 G97F261N 5/312B979B = 4//B N 89:: TER G975936 6/ =3 =330=: 7=69 /8 RT2NOOO 03261 =8697 C=D234 8=::93 = :=7497 4EM G975936 23 Q=30=7>E P=0: I=:91N =3 95/3/F216 =6 H=G26=: E5/3/F251N 1=2B 6C9 ;9 ?9=V3911 169FF9B 87/F Workers construct new homes in Mesa, Ariz. AP Photo 19D979 ?23697 ?9=6C97 ?C25C G79@ D9369B 6C=6 261 107D9> /8 B215/0369B 8/795:/10791 ?979 B=FG93234 1=:91 G7/1G9561E (C9> 1=2B 6C9> ?979 199234 89?97 G7/1G9562D9 971 =3B ?979 899:234 :911 /G62F21625 =E S=:91 /8 39? C/F91 G:0349B TT G975936 6/ = 795/7B :/? 23 Q=30=7>N 6C9 6C27B 5/3195062D9 F/36C:> B95:239E S=:91 /8 G79D2/01:> /550@ G29B C/F91 ?979 B/?3 M G975936N 6C9 1C=7G916 B7/G 12359 :=16 Q039E Corn Beef & Cabbage, Irish Soda Bread, Irish Stew, Chocolate Mint Brownies & Key Lime Surprise Express Menu and Coffee & Dessert served All Day Five course evening meal $ 24 95 from 5-8 pm. Junction of 14A & Main St., Lead, SD • 605-722-1901 • Tues.-Sat. 11:30-8pm Deadwood Chamber Ribbon Cutting BAKERY & FUDGE SHOP • LIQUOR & SUNDRIES SHOPPE AT DEADWOOD GULCH GAMING RESORT Shoppes at Creekside, adjacent to the Creekside Restaurant Don Williamson - Food & Beverage Manager, Daniel Hughes - Head Baker in charge of the Bakery & Fudge Shop, Elena Martinez - Assistant Restaurant Manger in training. Open daily, 7am-9pm in the Winter and 7am-10pm in the Summer. 304 Cliff St., Hwy 85 S., Deadwood, SD • 605-578-7740 SPIRIT OF THE HILLS WILDLIFE SANCTUARY Provides a life-long refuge for unwanted, exploited and neglected animals of all kinds. Visitors are offered guided tours and nature hikes led by sanctuary volunteers. Mike Welchynski and Don Bayleat (half pictured) Tours: 8:30am and 10am, Tuesday - Saturday Groups of 8 or more please call for an appointment. 500 N. Tinton Road, Spearfish, SD • 1-877-761-7754 Brought to you by: Wednesday, Wednesday, March 17th, 11:30-2pm 11:30-2pm Do you have a news tip? C"## %e'() "t +,---/+0
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