Editorial: Right to Know Law can be fixed, if lawmakers would do the right thing

A Pennsylvania court has decided the people don’t need to know about communications between state lawmakers and lobbyists who court them for influence.

Nonprofit newsroom Spotlight PA asked for communications between some state senators or their staff members and lobbyists. It was part of a corruption investigation involving the city of DuBois.

Spotlight PA’s request under the Right to Know Law in July 2023 was denied. The Senate’s position? Emails and other communications between elected officials and lobbyists aren’t part of the legislative record.

The newsroom appealed to Commonwealth Court.

The court — in what is no doubt an accurate interpretation of the law as it is written — decided the Senate must provide access to legislative records but that those records don’t include things like emails and other communications.

It is a disappointing ruling, but it is not a failing of the court.

It is a failing of the General Assembly.

Public records laws were changed in 2008. Spotlight PA’s attorney noted that late state Sen. Jim Ferlo, D-Highland Park, specifically claimed during a floor speech that such communications would be included.

That means if it isn’t included in the law as it was finally voted, it was at least included in discussions. So if it was included in discussions, what made that something to carve out before the final vote?

Why should communications between legislators and people paid to influence government ever be excluded from the public eye? The answer, logically, is simple: It shouldn’t.

The public has a vested interest in knowing and following what factors affect the way laws are passed. If lobbyists are impacting that process, the people should know.

This is part and parcel of the gift ban that has been bandied about for years. If the lack of a gift ban hides money and goods offered to government officials, failure to include lawmakers’ communications potentially hides the receipts for those gifts.

The court, sadly, did its job. Spotlight PA is not appealing. Given the reasoning of the opinion, it makes sense.

But lawmakers have a responsibility to see this not as an opportunity but as an error on their part and correct it.