HARRISBURG – Sen. Jarrett Coleman (R-16) has introduced two bills that will enhance transparency and accountability in government by improving policies for maintaining public records.
The Senate Intergovernmental Operations Committee that Coleman chairs held a public hearing in March to explore concerns surrounding government officials and employees using messaging apps that automatically delete communications, sometimes within a day or less, while conducting official business and communications. Whether intentionally or inadvertently, this technology, when employed in a government context, can undermine core principles of transparency, access to official records, and accountability from public officials.
To prevent the untimely destruction of public records, Coleman is proposing two bills:
Senate Bill 868 would prohibit an application, software or other technology, which is configured to prevent the maintaining or preserving of a record as required by law, from being installed or accessed on state and local government-owned devices.
Senate Bill 869 would amend the state Right-to-Know Law (RTKL) to establish a minimum two-year retention period for any agency record created or received electronically, impose a civil penalty of not more than $1,500 on an agency or an individual if a public record was not retained willfully or with wanton disregard, and ensure that agency open-records officers receive training on the Right-to-Know Law.
Coleman said, “While many agencies and public officials and employees intend to uphold the spirit of the RTKL, there is a great deal of complexity, and individual discretion, in existing record retentions guidance. In the interest of transparency and accountability, my legislation will prohibit auto-deleting messaging apps on government devices, establish minimum retention periods for electronic records, impose penalties for violations, and support consistent application of the RTKL through training for agency open records officers.”
Coleman continued, “We’ve seen too many Right-to-Know Law appeals and Sunshine Act cases in the last few years where government officials are not upholding the public trust. We even learned recently the Shapiro Administration apparently didn’t maintain emails from an employee involved in a sexual harassment complaint against a top-ranking cabinet official. When the governor’s office doesn’t understand the current rules, we obviously need clearer guidance on records retention. My bills will strengthen the Right-to-Know Law and government records retention policies, and I hope to see them taken up by the Senate without delay.”
CONTACT: Leo Knepper, 717-787-1349