Office of Open Records 10-21-10

October 21, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120

Re: AP2010-0899

Dear Ms. Glinn:

After reading Borough Solicitor Mooney’s letter to you several times I realize that he does not comprehend that all I want the Borough to do is publish a financial and statistics report on the business venture of the Borough’s Telecom Department. The residents of Kutztown are entitled to know if Telecom is profitable or is operating at a loss. And they are also entitled to know the number of subscribers.

Each time I request a financial report on Telecom the Right to Know Officer Khalife and Solicitor Mooney refer me to the financial reports of the Borough. Solicitor Mooney also sent you some pages of the Borough finances which do not detail the revenue and expenses of Telecom. And the 24 statistics pages I paid for and sent you have all the financial figures blotted out.

I have stated all along that I do not think the Borough has records on Telecom. Solicitor Mooney states in his letter and I quote, “I do believe that there are records which exist to verify the amounts provided to Mr. Marino in response to Part 4 of his request.” He believes, doesn’t he know? I noticed he did not send them to you with his letter. And why doesn’t the Borough make them available to me at $.25 a page?

This action is a concerted effort by the Borough Council, Mayor Green, Borough Manager\Right to Know Officer Khalfe, Information Technology Caruso and Solicitor Mooney to withhold the financial records of Telecom from the public.

Again, I repeat there has never been a complete financial report on Telecom in the 8 years since its inception in 2002. If there is or was one the Borough should make it public.

As far as I’m concerned I have not received any satisfactory information in response to my Right to Know Requests. Solicitor Mooney’s letter responds to your letters of October 4 and October 5 but does not address my Right to Know Request. Thank you.

Sincerely,


Gennaro A. Marino
cc: Borough of Kutztown