Burns baffled at DHS response to Right-to-Know Law request
State agency needs 30 days to decide if CAO lease is public record
Rep. Frank Burns January 2, 2024 | 10:48 AM
EBENSBURG, Jan. 2 – The state Department of Human Services has notified Rep. Frank Burns that it is invoking a 30-day delay to conduct a “legal review” to determine whether its lease for the Cambria County Assistance Office in downtown Johnstown is a public record.
Burns, D-Cambria, filed a state Right-to-Know Law request seeking the lease and any related documents. He also asked for DHS to provide its guidelines as required by the Downtown Location Law.
Additionally, Burns asked for all emails and correspondence between any DHS employee and: Any agent or employee of the Johnstown Redevelopment Authority, city manager, Cambria County Redevelopment Authority, any elected official, nonprofit organization or other state employees, concerning the relocation of the Cambria County Assistance Office.
All of above items are covered by DHS’ blanket response to Burns’ RTK request, which was, “Your request is under legal review to determine whether a requested record is a ‘public record’ for purposes of the RTKL,” and, “The extent or nature of the request precludes a response within the required time period.”
Burns said he is baffled that a state agency would push back from Dec. 12 to Jan. 11 the time needed to provide what is obviously public information.
“They’re only delaying the inevitable, for reasons known only to them,” Burns said. “Either you have a lease or a written agreement for the existing CAO, or you don’t. But if you do, how can that not be a public record?
“I’ve been down this path of political gamesmanship before, with the state Liquor Control Board, which forced me to go to court to obtain public information. If the DHS thinks I will be easily dissuaded from getting the answers I’m seeking, I’ll be happy to give them the LCB’s phone number.”
Burns, who has been leading the fight to keep the Cambria County Assistance Office and its 40 jobs in downtown Johnstown, previously uncovered the Downtown Location Law that triggered that portion of his RTK inquiry with DHS.
Burns has also uncovered that the current CAO building is, for some puzzling reason, owned by the City of Philadelphia Trustee.