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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | November 27, 2013 11:39 AM |
|---|---|
| From: | Representative Matthew E. Baker |
| To: | All House members |
| Subject: | Volunteer Firefighters/EMS Right to Know Legislation |
| In the immediate future, I plan to introduce legislation that will address an ongoing issue that continues to impact volunteer fire companies around the Commonwealth that can have serious repercussions across this state as it relates to our volunteer fire and emergency services companies. As you may recall, back in 2009, Morris Township Fire Company in Tioga County was subjected to a request for documents regarding the operation of the fire company from a private citizen under the Right-To-Know Law (RTKL). The Fire Company along with the Township Solicitor denied the request. The citizen then appealed to the Pennsylvania Office of Open Records (OOR). On April 3, 2009, the OOR issued a Final Determination that stated that volunteer fire companies are considered “local agencies” under the RTKL and therefore are required to comply with all the provisions contained therein. The underlying premise that the OOR relied on in its decisions was that volunteer fire companies are subjected to the law because they are a “similar governmental entity” under the definition of a “local agency.” Morris Township Fire Company appealed the decision to the Tioga County Court of Common Please whereby Judge Dalton overturned the OOR’s decision, stating that volunteer fire companies are not “local agencies” under the RTKL. In subsequent cases in both Northampton County and York County, the OOR has rendered almost identical opinions. In the York County case involving the Wrightsville Steam Fire Engine and Hose Company #1, the County Court of Common Pleas has ruled in similar fashion as Judge Dalton of Tioga County that volunteer fire companies are not local agencies under the RTKL. Volunteer fire companies are not subject to the RTKL in Tioga, Butler and York Counties. There are other cases still pending. I do not believe that the passage of Act 3 of 2008 was intended to capture our volunteer fire and emergency services companies. Volunteer fire and emergency services companies do not have the resources for this type of mandate, whether these resources are financial or human. Our volunteer emergency organizations should not be expending their resources for this type of governmental function when they are already struggling with recruitment and retention issues. Any funding or assistance that is provided to our emergency services organizations through local or state government entities will naturally be an open record under other various state and municipal codes that require reporting and documentation. The burden for release of such information or records should rest with the local government, which is the entity responsible to the local taxpayers for how their money is used, especially if the local government provides any funding to a volunteer fire company. Without a Commonwealth Court case ruling in favor of our volunteer fire companies, legislation is the only other alternative available to stopping the OOR from rendering these types of harmful decisions. If these decisions by the OOR are allowed to stand, it will leave our volunteer fire and emergency services organizations subjected to an unlimited amount of records requests under the RTKL and negatively impact our already struggling volunteers. |
Introduced as HB2004