Open records case may face 2nd hearing in county court

Dustin Pangonis

Jun. 30, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- Norwegian Township will provide the financial records a resident sought through the state's new Right-to-Know Law, the township solicitor said at a Monday hearing before Schuylkill County Judge Jacqueline L. Russell.

Russell heard arguments and took evidence from Charles Zurat, Mar Lin, who filed a January open records request for the township supervisors' payroll summaries, including any "employer taxes and contributions."

When Zurat received only the supervisors' gross pay from Supervisor Stanley Petchulis Sr., the township open records officer, he appealed the decision to the state's Office of Open Records, which ordered the township to provide the information.

The township appealed the office's ruling -- making it the first government agency to do so.

During the hearing, township solicitor Albert J. Evans, Pottsville, said the supervisors had redacted information about taxpayer payments for "employer taxes and contributions" because they considered the figures to be "personal financial information."

The township provides matching payments for its individual employees' Social Security and unemployment deductions, Evans said.

"(Evans' brief) refers to Social Security and tax information," Zurat said. "I never, never asked for that."

Zurat said he only wanted the portions contributed through taxpayer funds, and Evans said the township would provide that information.

Although Zurat's request is set to be filled, new issues raised may be addressed in a second hearing, which Russell said she will schedule in a forthcoming order.

Because Zurat did not list any witnesses in his court filings, Russell scheduled an argument, not a hearing, and Evans had no witnesses prepared. Specifically, none of the township supervisors were present.

Evans said Zurat could make his presentation, provided there would be a second hearing allowing him to retain the option of calling his own witnesses.

Zurat, who represented himself at the hearing, said he had attorney Edward M. Brennan, Pottsville, draft his brief for $675, and still seeks attorney's fees from the township.

Evans raised a procedural matter, and said Zurat did not file his appeal before the deadline set by the Office of Open Records. Zurat attributed this to a delay in the township's response.

Zurat said he might pursue the penalties specified in Section 1305 of the Right-to-Know Law: $1,500 "if an agency denied access to a public record in bad faith," and up to $500 per day until the public records are provided if "an agency or public official does not promptly comply with a court order."

In post-hearing interviews, both Evans and Zurat said it was too early to say whether they would pursue the deadline or penalty issues.

Evans said the supervisors are open about township finances and don't like to spend township money, but were concerned about providing their own personal financial information.

"(The supervisors) are very, very concerned about expenses for the township," Evans said after the hearing. "However, they do want to maintain some personal privacy, which they're entitled to."

Zurat said after six months of arguing with the township, he wants "$675 and an apology."

Newstex ID: KRTB-0435-36118663