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Monday, January 15, 2018

After Sunshine Act Violation, NorCo GPA Should Comply with RTKL

Last week, I told you that Northampton County's General Purpose Authority violated the Sunshine Law by conducting an executive session without a public explanation why it was necessary to meet in the back room. Solicitor John Lushis has since that time done his best to roadblock a Right-to-Know request. He appears to be as poorly informed about the Right to Know Law as he is the Sunshine Act.

Last week, after the Sunshine Act violation, I filed a Right-to-Know request concerning the amount of money paid to Lushis and any plans for a jail at Gracedale. Though the RTKL specifically requires that the RTK officer and any policies be identified on its webpage, that has never happened. So I sent my request to Administrator Mark Hartney, asking him to refer my request to the appropriate person.

Lushis eventually responded, declaring that he is the RTK officer. He attached a policy that should be linked on the webpage but is not, and instructed me to follow it and resubmit my RTK request.
"Attached is Northampton County General Purpose Authority’s (NCGPA) Open Records Policy. Please kindly re-submit your request to me directly and I will respond accordingly."
As I explained to Lushis, and caselaw makes this clear, there is no need for me to resubmit my request. Hartney followed the law by forwarding my request to him. Lushis now needs to follow the law by responding. He ultimately agreed to do so, and it's a good thing he did because that is what the RTKL requires.
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5 comments:

  1. AnonymousJanuary 15, 2018 at 10:54 AM

    I hope he doesn't do anything stupid like give you a watered down explanation of the information you requested. Doesn't he realize that in the end, it is the County who he works for? Goodbye Mr. Lushis. We don't need people like you in Northampton County Government or on Northampton County Boards.

    ReplyDelete
  2. AnonymousJanuary 15, 2018 at 4:18 PM

    Sadly all the Boards run themselves and do what they want. Can't stop them. One of the worst was the inbred Gaming Board that was thankfully ended by the state.

    ReplyDelete
    Replies
    1. AnonymousJanuary 15, 2018 at 6:23 PM

      Nice try. There isn't a more transparent board than gaming. Check your I'll informed information. All done in the open.

      Delete
  3. Bernie O'HareJanuary 15, 2018 at 6:38 PM

    I agree. The Gaming Board, whoch operated under an enabling ordoinance written by Lamont McClure, was the most transparent.It was handicapped by a pororly written law, which has now bee made worse. Now instead of giving local control to the gaming grants, they will fall into a deep hole in Harrisburg known as the Commonwealth Financing Authority. Incumbent legislators will use this money to ensure their re-election.

    ReplyDelete
  4. AnonymousJanuary 16, 2018 at 9:34 AM

    Big deal. No teeth in Sunshine Act violations

    ReplyDelete

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