Mezzacappa Uses RTKL to Harass West Easton

Pennsylvania's Right-to-Know Law, first adopted in 2008, has dramatically expanded public access to government records. They are now presumed to be public. If a local government resists a request for information, it must prove that what is sought is not a public record or falls within one of the exceptions to disclosure. Governments must respond timely, too, or face sanctions from the state Office of Open Records. Although this law has increased government transparency, it is being abused by some to harass and overburden government workers under an obligation to respond. The most chronic offender here in the Lehigh Valley is none other than Constable Tricia Mezzacappa. Yes, the very same person who's been charged with false reports to the Pennsylvania State Police has done her best to bring the government of tiny West Easton to its knees with incessant requests.

Since the beginning of this year, she has slammed the small staff with 40 Right-to-Know requests.

West Easton has joined about 60 other communities and adopted a Resolution asking the state legislature to change the law to provide some way to protect it from vexatious requesters like Mezzacappa.

She's also a vexatious litigant who has been barred from filing incessant motions against West Easton (and me) without leave of court. 

This resolution should be considered by Northampton County. County officials tell me that one Assistant Solicitor's time is almost exclusively spent responding to requests.

Just because you have a right to do something does not mean you should. I always resented when Lehigh Valley Live would post all the salaries of every public employees, even this paid a pittance or who work seasonally. While I get the idea of posting high salaries paid to cabinet officials or those sucking up overtime, there is little to learn from those at the lower end of the scale. It just embarrasses the worker.

To that end, Mezzacappa has sought and regularly posts the wages paid to one IU-20 bus driver. This is done mostly to harass and embarrass him after he defeated her for a seat on borough council. 

West Easton's resolution is below.

t Easton RTKL Resolution by BernieOHare on Scribd

NorCo's 500-Page RTK Response Still Incomplete

On Friday, I received a 500-page response to a Right-to-Know request in Northampton County. This is pursuant to recent state law designed to make records more accessible to the public. One of you had these questions. "[H]ow would you know if you got all the expense reports and p-card use? i believe you will get all of them but what if some were hidden?" Well, that's what has happened. Though the law provides sanctions for refusals to disclose made in bad faith, I think what happened here is just an honest mistake.

In my Right-to-Know, I asked for the following:

"1) All expense reports submitted by HR Director Amy Trapp since the date of her hire, including the approval or disapproval. 2) All P-Card purchases made by Amy Trapp since the date of her hire. 3) All purchases made for the HR Department from 11/15/16 to present for furniture, TVs, radios, cell phones, paintings and office decorations 4) All expense reports submitted by Executive John Brown from 2015 through present. 5) All expense reports submitted by every cabinet level official, whether approved or disapproved, from 2015 to present. 6) All expense reports submitted by Council members commencing in 2014 to present. (Scanned copies are acceptable)."

Though these informational requests must be answered in five business days, most governments respond to even the most routine records requests with an automatic 30-day extension. Then, despite a presumption in the law itself that all records are public, government officials will look for a reason to say No. All too often, the Right-to-Know has become the Right-Not-to-Know.

I've criticized Northampton County and Executive John Brown for their complete lack of transparency, so they apparently went all out to respond within the required five days. But in the process, mistakes were made.

I asked for expense reports by all Council members and cabinet officials, but some are missing, including expense reports from former Administrator Luis Campos. I know he incurred expenses and is referred to in other expense reports. No expense reports have been provided for Fiscal Director Jim Hunter or Council members Bob Werner, Glenn Geissinger, Seth Vaughn and Mat Benol. The County needs to confirm no such records exist or produce them.

Also, I know that over $4,000 was spent for furniture in Human Relations almost as soon as Amy Trapp was named Director there, but only a few have been supplied.

I have asked Attorney O'Donnell to comply with his Right to Know and produce the records that I know exist. W are currently in the appeal period, so I will be forced to appeal this refusal unless they are produced.