pennsyLvania·
OFFICE OF OPEN RECORDS FINAL DETERMINATION
IN THE MATTER OF
GENNARO A. MARINO, Complainant
v.
BOROUGH OF KUTZTOWN, Respondent
Docket No. AP 2009-0272
INTRODUCTION
Gennaro A. Marrino submitted a request to the Borough of Kutztown ("Borough")
seeking access to a purchase order placed on a Borough Consent Agenda, but not acted upon,
pursuant to the Right-to-Know Law, 65 P.S. §§67.101 et seq., ("RTKL"), The Borough denied
access stating that the record did not exist. Mr. Marino timely appealed to the Office of Open
Records ("OOR").
For the reasons set forth in this Final Determination, Mr. Marino's appeal is granted, and
the Borough is required to release the record.
FACTUAL BACKGROUND
On March 27, 2009, Mr. Marino submitted a right-to-know request to the Borough
seeking "'a copy of the purchase order of $119,511.87 which the Council was to ratify at the
March 17, 2009 council meeting" ("Request"). Bonnie Bray, Right-to-Know Officer of the
Borough timely responded on April 1st and advised that Mr. Marino's Request "is denied
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12 comments:
Hey Marino: Six weeks now, over $G's what do you have?
I saw you today at Borough Hall and wanted to say Hi but I saw tears in your eyes, What's up? Big Bad Borough make you cry?
I looked back at a few notes, you said HU would not make it 3 years and this year will be its 7th year of operation, What's up?
Show us what you got?
As you can see the Office of Open Records has granted my appeal and the Borough must release the document, but when I presented this document at the Borough Hall I was told Secretary Bray and Solicitor Mooney were out and the Borough has 30 days to appeal this decision and Solicitor Dietrich would send me an explanation. I could not obtain anything from Borough Manager Khalife in writing. This is another delaying tactic by the Mayor, the Borough Council,the Borough Solicitors and some appointed Borough employees not to release the Purchase Order because it is incriminating.
Be careful Jerry, the document might be incriminating or the Borough may be keeping you busy so you lose sight of other matters.
Watch them close. They are VERY sneaky.
Shame on you Marino ... Already bragging all over town how you caught the borough with their pants down. You know what Yogi said ... "It ain`t over till it`s over" Ever hear of the sting? The borough has played you like a violin!
Funny how the one not realizing how he has been played is Gerry himself. Shows how ignorant he is.
I still am not sure what Gerry thinks he is getting. Even if he is given a copy of the PO that was cancelled, what good is it? What's "incriminating"?. All this effort and cost and scrutiny for a dead PO? Not sure I even get this one. I do see how the Borough Heads made out on this one.
I have to believe some of the other Bloggers, Gerry has been suckered, I believe it's to keep him from focusing on the coming election and other issues like "cohersion" between certain supervisor and the Mayors office not to forget selling out to Kutztown U as well! I think Gerry has been had. A 1 million dollar approval for a water department upgrade went through without a single question by Gerry, why?
This may seem a stupid question, although I am dumbfounded about most of this.
Has the Borough ever cancelled a Purchase Order before?
I am trying to reason out why a Purchase Order cannot be cancelled either before sending or after. I was a purchasing agent in my former life, not for a governmeent agency but a private firm that worked with city and state governments all the time, cancelling purchase orders happens in business all the time for one reason or the other. So what's the real issue here? I understand why the issuer of a purchaser order would not give one to a third party so I don't understand the OOR's reasoning , I would think this to be rather dangerous.
Can someone shed some info on this?
Your question regarding the open records act. As Harrisburg is now taking note the system is being abused. The intent behind the law was not the ability to reek havoc. The problem is, there is no difference between a request for a dog application and a blank payroll check. The people responsible for making the decisions have their backs against the wall, they are not experts at everything, especially business matters. They are following the letter of the law which today stipulates that 95% of all documents are public documents, including blank accounts payable checks, payroll checks, purchase orders, police procedures, on and on and on.
You have to remember the creators of these laws are attorneys, legal professionals that make their money from chaos. Let’s take the Marino situation, what prohibits him from taking a purchase order and issuing it to a company? NOTHING! There is no fraud because the state gave him the document which is a binding document and he can deny making copies and distributing it. Same holds true for payroll and accounts payable checks, can you imagine a private company forced to provide a private citizen a blank check or purchase order form with the companies letter head!!
One of the main problems is the people hired by the state, they don’t understand the security problems they are placing on local government entities with their decisions. The problem will cost the PA citizen millions as this continues to take shape.
This will become a deeper issue in the future as the State itself will find some of these abusers will place them personally at risk. Typical of our Society, take something that should help us only to have it abused and ruin its overall intention.
Hey Marino:
Why don't you stop by my house and I will pay you for my Borough Bills since you are spending my money.
Anyone interested in filing a complaint against Marino with the ACLU? He is violating our rights by causing us to pay for his misguidings.
If you are intrested contat me at the following location:
350 W Main St
Kutztown, PA 19530
(610) 683-3179
How could we forget.
Happy MOTHERS DAY Gennyaro
The difference between private companies and governmental entities (for the benefit of "Harrisburg and Beyond") is that municipal operations are funded by tax dollars.
Where tax dollars pay the bill ALL DOCUMENTS should be accessible by anyone, anytime, on request, period (and should be online as well). There simply is no excuse in this day and age. Proceedings should be televised and available online within hours of the end of each meeting. This costs zero and presents no problem for honest, law-abiding officials.
In cases where private companies are now sustained by tax dollars (GM, Chrysler, etc) they now have an obligation to open all the books to the public eye as well, and have been forced to do so. --not quite so many parties and corporate jets.
Unfortunately for the Borough, there's a new sheriff in town, and his name is Barack Obama. My feeling is that the Borough is so embedded in underhanded deals and nepotism at this point, really, that the whole crew needs to be ousted and replaced.
Not sure what world you are living in. Kutztown, funded by tax dollars? Not!
Wrong town "Rock On". Unfortunately people like you are creating a National Security Problem that will cause Barrack to last a single term.
Sorry to disappoint you but Kutztown Borough is funding itself by selling services. Unlike those tax-based communities gauging the tax-payer. The reason some of these individuals are trying to down Kutztown Borough is because of its success to stay away from a taxing world. Some private business's that created monopolies such as Verizon, Comcast, Service Electric, fear competition by "COMMUNITIES TAKING CONTROL".
Taxes, Kutztown residents have no idea what a taxing community is like. If Kutztown turned into one, people like you and Gennaro would be tar and feathered. Looking for a new community to infiltrate with your "tax poison".
Lettuce pool da wull over der is. Dat es vat da boro does!
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