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Posts Tagged ‘Kenn Marshall’

Note: This article was originally published earlier today on Raging Chicken Press. Below is an excerpt from the article. If you want to read the entire piece, you can go there now or click on the “continue reading” link at the bottom of this post. 

On May 9th of this year, Raging Chicken Press was the first to report on Kutztown University’s attempt to quietly lift the ban on carrying weapons on its campus. In less than twenty-four hours, the story was picked up by the Associated Press casting Kutztown University into a national spotlight. In rapid succession, stories appeared in most regional newspapers and broadcast media. Thanks to excellent investigative work by reporters from the Pittsburgh Post-Gazette and the Allentown-based Morning Call, we learned that the change in policy had been happening under the radar of the media, faculty, staff, and students for well over a year. And, we learned, that the order to change the policy came directly from Governor Tom Corbett’s Office of General Council in consultation with PASSHE attorneys.

A few days after my initial story, I sent Right to Know requests to Kutztown University and PASSHE asking for several items, including:

  • “The ‘model policy’ on campus firearms policy from PASSHE legal counsel.” PASSHE Board of Governors Chair, Guido Pichini, issued a public statement on May 10, 2013 indicating such a policy had been shared with all 14 PASSHE universities. 
  • Correspondence, including email correspondence, between Kutztown University administrators and relevant staff and the Office of the Chancellor and the PASSHE Board of Governors regarding Kutztown’s change in gun policy going back to March 2012.
  • A copy of the legal opinion from PASSHE attorneys “concerning the constitutionality/legality of a ban on guns on PASSHE universities.”

Both Kutztown and PASSHE said they required a 30 day extension in order to carry out a “legal review” of my request for documents — their right under PA’s Right to Know law — with the exception of PASSHE’s “model policy,” which Kenn Marshall, PASSHE’s Agency Open Records Officer and official spokesperson sent to me a few days after my request was filed.

A month later, I received responses to my requests. Most of my requests were “granted in part, and denied in part” and were subjected to significant redaction.

What, if anything, did the documents reveal?

The short answer is: not much upon first glance.

The reason why the documents didn’t reveal much had a whole lot to do with Section 708 of PA’s Right to Know law entitled “Exceptions for public records,” specifically, 708(b)(10)(A). That section excludes records that reflect:

The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees of officials of another agency, including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations.

In short, the public is allowed access to the outcomes of deliberations, but we are not allowed to know how the decisions were made and who influenced those decisions. We are welcome to eat the sausage; we are just not allowed to know how it was made. Here is a sample of one of the redacted email exchanges I received: 

RTK Redaction Sample

Continue reading at Raging Chicken Press

 

 

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