Unfortunately, my calls to EHS have not
been returned, and there are no updates about the change on their
website.  It would be interesting to see if a request for this
information would be rejected as well.


John,

I don't know if citizens know that many city departments or their leaders have 
completely separate confidential phone numbers.  One of the 311 operators gave 
me one of those numbers for the Bureau of Administrative adjudication. (I 
courteously and professionally explained to her the problem with what I call 
"the phone lines to nowhere.")

 I could tell that this 311 operator must have fielded many calls from irate 
citizens with bogus tickets and was tired of covering for her fellow employees, 
who ignore the published phone numbers.  These secret confidential numbers are 
also the numbers that city council staff can use if they actually want to look 
into an issue for "good citizens."

I have no doubt that your calls, which were ignored, were both courteous and 
professional!


John, 99.9% of ordinary Philadelphians do not have the time, resources, or 
frankly the desire to file lawsuit against the city government.  That is how 
the secretive status quo has been maintained at departments like the PHC.  I 
too have decided not to sue the city on several occasions in which I would have 
prevailed, had I been willing to sacrifice myself. 

My understanding of the office of public records is that it was designed by 
some of the legislators who crafted the new PA Right to Know Law.  A right to 
know law existed in PA prior to the updated legislation.  But municipal 
governments knew that lawsuit was the only legal remedy and protected secrecy 
by routinely denying requests just as you describe.  (Note: I was actually 
successful acquiring the true public records at PHC because I calmly and 
professionally explained to the director, not only the PA Right to know law, 
but also that I would initiate a lawsuit if I was denied access.  The PHC 
director had witnessed my public testimony about their records and understood 
my determination and understanding of this tactic.)

Now, the new state office, which could have intervened with denials such as you 
describe, is going to be crippled by denying it funding.  When elected 
officials cannot openly vote against popular legislation like the open records 
law, killing it through under funding is a standard tactic.  

Many people understand that government is generally going in the "wrong 
direction," and they believe the anecdotes which we share, like your recent 
discovery.  I am firmly convinced that our city solicitors are well aware that 
99.9% of citizens will not be able to follow through in court and they 
flagrantly ignore the PA Right to Know Law and simply use false reasons to deny 
requests.

Look at the numbers given by the executive director of the brand new office!  
Obviously, huge numbers of citizens around the state have been denied  requests 
for public information!  The corporations who control our elected officials do 
not want an empowered citizenry looking into their backroom dealings!!

Thanks for sharing your discovery,
Glenn










-----Original Message-----
>From: John Ellingsworth <j...@ellingsworth.org>
>Sent: Jul 28, 2009 11:04 AM
>To: Glenn moyer <glen...@earthlink.net>
>Cc: univcity@list.purple.com
>Subject: Re: [UC] PA open records in trouble
>
>As I pointed out recently, the Historic Commission decided to go in
>the opposite direction of open records with regards to the Register of
>Historic Places database.  I could have challenged my rejection
>because the foundation for the rejection is absolutely false.  I am
>glad I did not, as city workers seem to have their hands tied with
>full time legal attention to unsupportable cases.
>
>It seems now that the Department of Public Health has decided to
>follow the lead of the HC by removing the restaurant inspections
>information from the Environmental Health Services website.  The city
>had been providing this information for several years but only very
>recently decided to stop.  Unfortunately, my calls to EHS have not
>been returned, and there are no updates about the change on their
>website.  It would be interesting to see if a request for this
>information would be rejected as well.
>
>The data provided by these services was indicative of the direction
>the city should be taking with Information Services; instead, it
>continues to reinforce the stereotype of being unhelpful and
>secretive.  Bad, bad city.
>
>Regards,
>
>John Ellingsworth
>
>On Tue, Jul 28, 2009 at 8:45 AM, Glenn moyer<glen...@earthlink.net> wrote:
>> The new PA open records law brings the best hope for accountability and 
>> transparency in PA state and local government.  Here is a plea from the 
>> executive director of the new office of open records.  Please consider it 
>> and help.
>>
>> We've recently seen how front line government employees are placed between 
>> disenfranchised and betrayed citizens and an unresponsive, secretive and 
>> often corrupt group of powerbrokers.   This often leads to open animosity 
>> between front line government workers and citizens while the system itself 
>> remains unchanged.
>>
>> Here we see government workers giving their best efforts to restore a 
>> positive direction towards an empowered citizenry and an accountable 
>> democratic government more in line with recognized international standards.
>>
>> http://www.philly.com/dailynews/opinion/20090728_Open-records_threat.html
>>
>>
>> "The law is 7 months old. With nine people on board as of May, we've met all 
>> our deadlines while processing about 600 appeals, 2,400 e-mails, 1,200 phone 
>> calls and conducting more than 200 training sessions.
>>
>> Forty-eight of our decisions have been challenged in the Court of Common 
>> Pleas or Commonwealth Court, requiring nearly full-time legal attention. Our 
>> staff works 12-15 hours a day because they are committed to open government 
>> and ensuring that citizens have access to their government. Sustaining such 
>> a significant budget cut will gut the progress that this Commonwealth has 
>> made regarding open government. "
>> ----
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