|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]
Web Real-Time Communication APIs have quickly revolutionized what browsers are capable of. In addition to video and audio streams, we can now bi-directionally send arbitrary data over WebRTC's PeerConnection Data Channels. With the advent of Progressive Web Apps and new hardware APIs such as WebBluetooh and WebUSB, we can finally enable users to stitch together the Internet of Things directly from their browsers while communicating privately and securely in a decentralized way.
Mar. 25, 2017 03:00 AM EDT Reads: 5,641
All organizations that did not originate this moment have a pre-existing culture as well as legacy technology and processes that can be more or less amenable to DevOps implementation. That organizational culture is influenced by the personalities and management styles of Executive Management, the wider culture in which the organization is situated, and the personalities of key team members at all levels of the organization. This culture and entrenched interests usually throw a wrench in the work...
Mar. 25, 2017 02:00 AM EDT Reads: 2,776
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor - all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Mar. 25, 2017 01:45 AM EDT Reads: 1,413
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm.
Mar. 25, 2017 12:15 AM EDT Reads: 1,545
What sort of WebRTC based applications can we expect to see over the next year and beyond? One way to predict development trends is to see what sorts of applications startups are building. In his session at @ThingsExpo, Arin Sime, founder of WebRTC.ventures, will discuss the current and likely future trends in WebRTC application development based on real requests for custom applications from real customers, as well as other public sources of information,
Mar. 25, 2017 12:00 AM EDT Reads: 451
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 20th Cloud Expo, which will take place on June 6-8, 2017 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 add...
Mar. 24, 2017 11:45 PM EDT Reads: 626
Historically, some banking activities such as trading have been relying heavily on analytics and cutting edge algorithmic tools. The coming of age of powerful data analytics solutions combined with the development of intelligent algorithms have created new opportunities for financial institutions. In his session at 20th Cloud Expo, Sebastien Meunier, Head of Digital for North America at Chappuis Halder & Co., will discuss how these tools can be leveraged to develop a lasting competitive advanta...
Mar. 24, 2017 11:15 PM EDT Reads: 2,491
TechTarget storage websites are the best online information resource for news, tips and expert advice for the storage, backup and disaster recovery markets. By creating abundant, high-quality editorial content across more than 140 highly targeted technology-specific websites, TechTarget attracts and nurtures communities of technology buyers researching their companies' information technology needs. By understanding these buyers' content consumption behaviors, TechTarget creates the purchase inte...
Mar. 24, 2017 10:15 PM EDT Reads: 4,146
With the introduction of IoT and Smart Living in every aspect of our lives, one question has become relevant: What are the security implications? To answer this, first we have to look and explore the security models of the technologies that IoT is founded upon. In his session at @ThingsExpo, Nevi Kaja, a Research Engineer at Ford Motor Company, will discuss some of the security challenges of the IoT infrastructure and relate how these aspects impact Smart Living. The material will be delivered i...
Mar. 24, 2017 10:00 PM EDT Reads: 1,876
In his session at @ThingsExpo, Eric Lachapelle, CEO of the Professional Evaluation and Certification Board (PECB), will provide an overview of various initiatives to certifiy the security of connected devices and future trends in ensuring public trust of IoT. Eric Lachapelle is the Chief Executive Officer of the Professional Evaluation and Certification Board (PECB), an international certification body. His role is to help companies and individuals to achieve professional, accredited and worldw...
Mar. 24, 2017 08:15 PM EDT Reads: 303
My team embarked on building a data lake for our sales and marketing data to better understand customer journeys. This required building a hybrid data pipeline to connect our cloud CRM with the new Hadoop Data Lake. One challenge is that IT was not in a position to provide support until we proved value and marketing did not have the experience, so we embarked on the journey ourselves within the product marketing team for our line of business within Progress. In his session at @BigDataExpo, Sum...
Mar. 24, 2017 06:30 PM EDT Reads: 2,619
Your homes and cars can be automated and self-serviced. Why can't your storage? From simply asking questions to analyze and troubleshoot your infrastructure, to provisioning storage with snapshots, recovery and replication, your wildest sci-fi dream has come true. In his session at @DevOpsSummit at 20th Cloud Expo, Dan Florea, Director of Product Management at Tintri, will provide a ChatOps demo where you can talk to your storage and manage it from anywhere, through Slack and similar services ...
Mar. 24, 2017 06:30 PM EDT Reads: 4,123
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
Mar. 24, 2017 05:15 PM EDT Reads: 1,308
SYS-CON Events announced today that Ocean9will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Ocean9 provides cloud services for Backup, Disaster Recovery (DRaaS) and instant Innovation, and redefines enterprise infrastructure with its cloud native subscription offerings for mission critical SAP workloads.
Mar. 24, 2017 04:45 PM EDT Reads: 1,776
Have you ever noticed how some IT people seem to lead successful, rewarding, and satisfying lives and careers, while others struggle? IT author and speaker Don Crawley uncovered the five principles that successful IT people use to build satisfying lives and careers and he shares them in this fast-paced, thought-provoking webinar. You'll learn the importance of striking a balance with technical skills and people skills, challenge your pre-existing ideas about IT customer service, and gain new in...
Mar. 24, 2017 04:30 PM EDT Reads: 2,274