Senator Jarrett Coleman of Pennsylvania has put forward two legislative proposals aimed at bolstering transparency and accountability in government through improved public records policies. These bills, introduced by the Republican senator from the 16th district, focus on addressing issues related to the use of messaging applications that automatically delete communications, which can hinder transparency.
The Senate Intergovernmental Operations Committee, chaired by Coleman, conducted a public hearing in March to examine concerns about government officials using such technology for official business. The committee found that this practice could compromise access to official records and accountability.
To address these concerns, Coleman is advocating for two specific measures:
Senate Bill 868 seeks to ban the installation or use of any application or software on state and local government devices that is designed to prevent the maintenance or preservation of records as required by law.
Senate Bill 869 proposes amendments to the state’s Right-to-Know Law (RTKL). It aims to establish a minimum retention period of two years for electronically created or received agency records. The bill also suggests imposing civil penalties up to $1,500 for willful non-retention of public records and mandates training on RTKL for agency open-records officers.
Coleman stated, “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.”
He further commented on recent cases involving appeals under the Right-to-Know Law and Sunshine Act where public trust was not maintained. He noted an incident involving the Shapiro Administration’s failure to retain emails related to a sexual harassment complaint against a high-ranking official. “When the governor’s office doesn’t understand the current rules, we obviously need clearer guidance on records retention,” Coleman said. He expressed hope that his proposed bills would be considered promptly by the Senate.
For more information, contact Leo Knepper at 717-787-1349.
