|By Marketwired .||
|February 24, 2014 12:47 PM EST||
HARRISBURG, PA--(Marketwired - February 24, 2014) - Faced with the threat of a lawsuit, or releasing information that could jeopardize the safety and security of some public employees, Treasurer Rob McCord today asked Commonwealth Court to resolve a conflict concerning the application of the state Right to Know Law.
"I take seriously my obligation to protect the safety and security of our public employees. By filing this motion, I hope to ensure the protection of our public employees as provided in the Right to Know Law," McCord said.
McCord brought the matter before the court following a written threat to sue by a group calling itself Pennsylvanians for Union Reform (PFUR). PFUR said it will sue the commonwealth if Treasury does not produce an un-redacted list of personal information for all state employees. The state's Right to Know Law exempts some of that information from public release if it would put the personal safety of the employee at risk, such as law enforcement officers, or state employees with protection-from-abuse orders.
But PFUR and its president, Simon Campbell, have requested complete employee information under another law, the state Administrative Code, arguing they do not want the Right to Know Law to apply.
"The Legislature created a comprehensive system in which requests for public records are handled through the Right to Know Law. It is absurd to suggest that the Legislature did not intend the law to apply in all circumstances involving public records," McCord said. "PFUR appears to want to pick and choose when the Right to Know Law applies."
With the question of whether the Administrative Code or the Right to Know Law applies in such cases seemingly destined for a court decision either way, McCord, in his official capacity, filed a Petition for Review in the Nature of an Action for Declaratory and Injunctive Relief.
"As a public official, I'm in the position of either complying with the organization's demand and releasing information that has been deemed confidential under the Right to Know Law -- for good reason, in my opinion -- or redacting the information and subjecting the Treasury Department to litigation. We thought it best to ask the court proactively to clarify the issue before we proceed," McCord said.
On January 15, the attorney for PFUR wrote to the Treasurer, asking for a list of employees and related information. Under the Administrative Code, Treasury annually receives electronic files containing lists of all employees of each executive branch agency. Those lists have not been redacted to exclude information on employees who have active protection from abuse orders, are domestic and sexual violence victims, or are confidential undercover agents or other at-risk law enforcement officers.
PFUR's attorney specifically stated their request was not being made under the Right to Know Law, but instead under the Administrative Code, which says the employee records furnished to Treasury are "public information." Treasury's legal counsel responded a week later by informing the PFUR attorney that Treasury would consider the request under the Right to Know Law. That statute and a subsequent court decision direct public agencies such as Treasury to treat all written requests for access to records as Right to Know requests.
PFUR's attorney in turn wrote to Treasury on January 27, insisting the request be considered under the Administrative Code and giving the department until February 21 to produce the information sought. Failure to do so, he wrote, would result in him filing a mandamus action in court to enforce the provisions of the Administrative Code.
"The Right to Know Law is valuable for increasing government transparency and giving citizens access to information they deserve to have. It was never intended, however, to compromise the physical safety of law enforcement officers or victims of criminal violence, and the Legislature recognized that and included some proper exceptions when it wrote the statute," McCord said.
"No matter how Mr. Campbell and his group intend to use the information, a determination to put it into the public domain is something I believe would be outside the scope of my duties as Treasurer, and irresponsible," he added. "That's why I have asked the court to affirm that the Right to Know Law exemptions should apply."
The administrative agency employee list could contain the identity of undercover law enforcement personnel, the identity of persons who are participants in the Crime Victim Advocate's Address Confidentiality program, the birth days and months of employees, and persons who have obtained protection from abuse orders in which their residency and work address are subject to court-ordered confidentiality.
Under the Right to Know Law, public records are exempt from disclosure if they would, for example, reveal personal identification information, personal financial information, victim information, or information that may jeopardize the safety of a victim, endanger someone's physical or personal safety or security, or hinder an arrest, prosecution or conviction. The Right to Know Law compels an agency to consider applicable exclusions when determining whether information is exempt from disclosure.
For more information, visit www.patreasury.gov.
Media contact: Gary Tuma, 717-787-2465 or [email protected]
SYS-CON Events announced today that Hitrons Solutions will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Hitrons Solutions Inc. is distributor in the North American market for unique products and services of small and medium-size businesses, including cloud services and solutions, SEO marketing platforms, and mobile applications.
Aug. 28, 2016 07:30 PM EDT Reads: 664
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, will deep dive into best practices that will ensure a successful smart city journey.
Aug. 28, 2016 06:30 PM EDT Reads: 1,597
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
Aug. 28, 2016 06:00 PM EDT Reads: 1,910
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
Aug. 28, 2016 05:30 PM EDT Reads: 714
DevOps at Cloud Expo – being held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Am...
Aug. 28, 2016 03:15 PM EDT Reads: 3,482
Pulzze Systems was happy to participate in such a premier event and thankful to be receiving the winning investment and global network support from G-Startup Worldwide. It is an exciting time for Pulzze to showcase the effectiveness of innovative technologies and enable them to make the world smarter and better. The reputable contest is held to identify promising startups around the globe that are assured to change the world through their innovative products and disruptive technologies. There w...
Aug. 28, 2016 03:00 PM EDT Reads: 735
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
Aug. 28, 2016 01:45 PM EDT Reads: 3,650
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
Aug. 28, 2016 01:00 PM EDT Reads: 2,414
SYS-CON Events announced today that StarNet Communications will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. StarNet Communications’ FastX is the industry first cloud-based remote X Windows emulator. Using standard Web browsers (FireFox, Chrome, Safari, etc.) users from around the world gain highly secure access to applications and data hosted on Linux-based servers in a central data center. ...
Aug. 28, 2016 12:15 PM EDT Reads: 841
Traditional on-premises data centers have long been the domain of modern data platforms like Apache Hadoop, meaning companies who build their business on public cloud were challenged to run Big Data processing and analytics at scale. But recent advancements in Hadoop performance, security, and most importantly cloud-native integrations, are giving organizations the ability to truly gain value from all their data. In his session at 19th Cloud Expo, David Tishgart, Director of Product Marketing ...
Aug. 28, 2016 11:45 AM EDT Reads: 677
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, will discuss the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Aug. 28, 2016 11:30 AM EDT Reads: 1,952
19th Cloud Expo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterpri...
Aug. 28, 2016 11:00 AM EDT Reads: 3,120
There is growing need for data-driven applications and the need for digital platforms to build these apps. In his session at 19th Cloud Expo, Muddu Sudhakar, VP and GM of Security & IoT at Splunk, will cover different PaaS solutions and Big Data platforms that are available to build applications. In addition, AI and machine learning are creating new requirements that developers need in the building of next-gen apps. The next-generation digital platforms have some of the past platform needs a...
Aug. 28, 2016 11:00 AM EDT Reads: 693
SYS-CON Events announced today Telecom Reseller has been named “Media Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.
Aug. 28, 2016 10:45 AM EDT Reads: 852
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...
Aug. 28, 2016 10:30 AM EDT Reads: 887