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Nazareth, Pa., United States

Tuesday, November 18, 2014

NorCo Records Denial Appealed

On Friday, at 4:58 pm, Northampton County's Open Records Officer Daniel O'Donnell denied a request for emails between the County's cost control consultant and County employees I appealed that decision today.

The C3 Group, a Scranton-area based cost consulting company, is the company that made the recommendations to reduce health care coverage. Its employees sat in in several meetings with employees to discuss these changes. In response to questions at one meeting to explain the changes, C3 employee Colin Healey told a worker, "Nobody subpoenaed you to work here."

Because it stretches credulity to suggest that no emails are discoverable, I have also asked for an in camera review.

Among the county's more goofy arguments is the claim that these emails are part of labor negotiations. That's just silly. This request concerns a reduction in the health care coverage imposed unilaterally by the Executive. Labor relations necessarily require the participation of management and labor. This never occurred. There have been no negotiations, collective bargaining or arbitration concerning these health plan reductions. This is why the health plan changes have been so unpopular. It was a decision made in a communication vacuum, with no transparency or willingness to talk with the very people being adversely affected. The public has a right to know what Brown and his consultants were saying behind closed doors, and the invocation of the labor relations exception here is pure nonsense.. The RTKL is "designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials and make public officials accountable for their actions.” Bowling v. Office of Open Records, 990 A.2d 813, 824 (Pa. Commw. Ct. 2010), aff’d 75 A.3d 453 (Pa. 2013).

Under the County's interpretation, the Right-to-Know Law might as well be called the Right-Not-to-Know Law.

I could go on, from point to point, and I did in my legal argument. But I will spare you.

Had the county denied half or even 3/4 of the emails, I probably would walk away. But denying them all is throwing the gauntlet at transparency.

I am informed that a similar RTK request filed by the Controller has received the same short shrift.

16 comments:

Anonymous said...

Yes, open government must be for all and applied equally.

Anonymous said...

Blame for the past and hindsight are not valid excuses right now. Do the right thing and do it from here on. Do two wrongs make this situation right? NO! Bernie is trying to get to the truth and I don't care what his past track record was. It's NOW..not THEN! Get over it already and move forward.

ZZZZZZZZZZZZZZZ said...

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

Anonymous said...

Bring up the Mohr contract again? Really?????? If you feel there were improprieties about that contract you are free to submit an RTK request. I am sure you will get all e-mails related to that contract before Bernie gets ones related to C3. Otherwise, shut the hell up and move on.

Anonymous said...

this administration are nothing more than a group of deceitful people , who treat us all like fools...go get them Bernie and thank you!

Anonymous said...

Good job Bernie.

As to whoever wrote the comment above about Stoffa and history, who the hell cares? This stands on its own merits. Asking if anyone smelled a fart from 3 years ago is immaterial.

Anonymous said...

The demand for emails under the RTK Act is appropriate because of the positions apparently recommended by C3. That is, demand givebacks by all 2000+ workers without regard to job duties or union affiliation. Tell them we will not negotiate with you and you can quit if you don't like it. C3 is being paid with taxpayer dollars. If Ken Mohr or any previous advisor had taken such an adamant position scrutiny would have been more intense. The comparison is false.

Anonymous said...

Wow, Bernie is now a champion of the worker in NORCO. I think they should get you a really nice Christmas Present this year with some of those dues $$ that they never dole out to local politicians.

Bernie O'Hare said...

8:58, Ignore the troll. I just delete.

Bernie O'Hare said...

"Wow, Bernie is now a champion of the worker in NORCO."

I have always supported transparent, accountable and open government. It drives people like you nuts.

Anonymous said...

They should still get you a gift X 9 unions, you should have the most Christmas cards ever this year

Bernie O'Hare said...

There are 11 unions, and this is not about them, despite your efforts to make it so. It is about transparency. I have spoken against public sector union excesses far more often than I have supported them. Ask them. In this instance, they happen to be right.

Anonymous said...

2:17.......you are a dumbass! I'm a non-union employee and this affects me the same if not more than union employees. Leave your anti-union comments at the door because this administration is an equal opportunity screwer.

Anonymous said...

Bernie is correct. What is there to hide. This is not a union issue. Don't you think Brown should be accountable for his actions or are you just like the administration? Do as I say not as I do.

Anonymous said...

Lets hope they shared our medical records with this group. Might be able to do something about this clown after all.

Anonymous said...

Anonymous said...
Yes, open government must be for all and applied equally.

4:10 AM


ditto