A recent court ruling excusing
volunteer fire companies from responding to requests under the
state's Right-to-Know Law was on the mark, said a local state
representative and volunteer fire chief.
A media attorney disagrees.
State Rep. Frank Farry,
R-142, chief at the Langhorne-Middletown Fire Co., had joined
the Pennsylvania House Republican Caucus in filing a brief
with Tioga County Court on an appeal filed by a volunteer fire
company in the area.
A county resident had sought
records from the fire company. Scott Pierce of Morris Township
in Tioga County was seeking information on finances and
activities, including meeting minutes, for the fire company in
his township, according to court records.
The state Office of Open
Records had ruled in February that fire companies are similar
to local agencies and their records are public. However, the
Tioga County Court ruled in favor of the fire company, and
Farry said that's the right decision.
Subjecting volunteer fire
companies to the law would have placed undue financial and
manpower burdens on them, he said.
"These organizations lack the
necessary resources to handle open record requests," said
Farry. "It will be financially crippling if they are forced to
retain counsel and review requests, and it will only be a
matter of time before an organization releases personal
information."
He continued: "To subject
community men and women, who are voluntarily risking their
lives to keep our towns safe, to this law without legislative
floor debate, dialogue with the fire service or specifically
listing such organizations in the law is unduly burdensome and
will ultimately negatively impact Pennsylvania's volunteer
fire service, something I don't think our Legislature intended
to do."
Melissa Melewsky, media law
counsel for the Pennsylvania Newspaper Association, had a
different take.
"We think it's the wrong
[court] decision for a number of reasons," she said. "For all
intents and purposes, volunteer fire companies step into the
shoes of local government and provide government services.
With that relationship comes the responsibility of public
accountability. As far as financially being able to respond to
requests, we don't think that fact should determine whether
the public has oversight."
Melewsky continued: "In major
metropolitan areas of the state, firefighting is part of
government and part of government service. Simply because
people live in rural areas or other areas that rely on
volunteer fire companies doesn't mean they should be denied
access and accountability for this type of government service.
We think this ruling is a strike against public access and
chips away at the goal of the Right-to-Know Law."
But Farry insisted government
should not be heaping further duties on people working without
pay to protect lives and property. He reasoned that open
records requests involving volunteer fire companies can be
handled by the municipalities that provide funding for the
companies.
While the court's ruling
applies only to fire companies in Tioga County, Farry said he
is hopeful it will serve as a precedent for similar cases in
other Pennsylvania counties with volunteer fire companies.
"The authors of the open
records law did not intend for it to be applied in this
manner," he said. "The court's ruling affirms that fact. Any
requests seeking taxpayer funding information can be directed
to the governing body that provides said funding to the fire
company."
Farry represents Langhorne,
Langhorne Manor, Hulmeville, Penndel, most of Middletown and
most of Lower Southampton.
Chris English can be reached
at 215-949-4193 or cenglish@phillyBurbs.com.