Gnail Cha tis Thu, May 23, 2019 at 8:08 PM Cc: Amy Seeley , "vorotreas@comcast.net" , Bradford Flynn , "brookvillemanager@windstream net" , “bshafiner@lawrencepa.gov" , Buffalo Township , “e,matesich@centervilleboro.org” , Carmen Wiker , “cboslay@shrewsburyborough.org” , Chris Boehm , Dorothy Felix “cboro@nep.net" , “gmiller! @middletownborough.com’ , “stakach@pottstown.org” , Janice Frank , “jsnyder@hattieldborough.com’ , Kelly O'Brien , “malamoore56@gmail.com" , "Mary E. Flagg" . ‘nblair@Southhanover.org” , Paul Stepanoff , Quina Neling , "reed.township@yahoo.com" , “richlendborough@ comcast.net" , "rosstwp@epix.net” , “saegertown@saegertowmpa.com” , "shboro@pid.net" , “slverdaleboro@comeast. net’ , "vgborosec@comcast.net” , Vicki Thu, May 16, 2079 at 11:21 AM Ce: jsnyder@hatfieldborough.com, saegertown@saegertownpa.com, rosstwp@epix.net, paul@richlandtownship.org, Vicki , "Takach, Ginny" , bshafiner@lawrencepa.gov, Rood Township ‘, vgborosec@comcast.net, silverdaleboro@comeast.net, brookvillemanager@windstream.net, Bradford Flynn , borotreas@comeast.net, Summit Hil Borough , Richland Borough , Cheryl Matesich , cbosley @shrewsburyborough org, Dorothy Felix , "Mary &. Flagg® , Mala Moore , Surfalo Township , Graco Miller , Nora Blair , Janice Frank , FC Boro , Quina Neling Greetings Friends, ‘You are among the many who have responded with Resolutions, or letters of support in the effort to provide relief from a vexatious RTKL requester. | wanted to send you an update of where the effort is at. Pennsylvania State Association of Boroughs (PSAB) has approved West Easton's Resolution for presentation at the Conference on June 9-12, They will be asking members to vote in SUPPORT. Pennsylvania State Association of Township Supervisors (PSATS) also has their Resolution 19-02 addressing the vexatious requester problem, 1am arranging a meeting with State Senator, Hon. Lisa Boscole (17th Dist.) that 'm hoping will happen within the next 30, days, as | work for a school and the last day of school here is June 12th. | have already forwarded her your Resolutions and letters/emails of support. While she may not necessarily be your Representative, your support provides her with the information needed on who, within the State Senate, might be willing to co-sponsor legislation. ‘At the meeting with Ms. Boscola will be West Easton's Borough Manager, who will be bringing the 100+ RTK Requests submitted by our one individual since January 1st of this year (No doubt to be a larger number in 30 days). She will also have the figures on office staff costs and Solicitor fees incurred. | will also be asking a RTK Officer from my local school district to attend. Since our resident has learned of my effort to amend the RTKL and | work for this district, making me a public employee in my job, she has now targeted my employer with numerous RTK requests for information on me (all correspondence, time sheets, paychecks, fuel expenditures, video, etc) that she posts online when she receives it. Her requests in two weeks exceeded the amount of all requests they received in the previous 2 years. Her actions are actually beneficial to the argument of why a "vexatious" amendment is needed, Hopefully, Senator Boscola will see the need to mirror Connecticut's Vexatious Requester Law, which | have already sent her. Thank you, MattMatthew vA Dace Councilman West Easton, PA wv yesteastorborugh cam Ph.s7oseasti9 Eni: matte2s4Qreacom Personal website: www.WestEastonPA.comGnail Bai wien esefatealasborongy Dan DePaul's email (West Easton Rep at PSAB Conference) Matthew Dees Tue, May 7, 2019 at 6:20 PM ‘To: Cheryl Matesich Not sure if you got Mayor DePaul's email address in my last email to you. dod409@2ol.comGnail han nel erage Please forward to the members of your governing body 7 messages Matthew Dees Sat, Apr 27, 2019 at 4:57 PM Co: thegrimms@ymail.com, amwelltownship@comeast.net, sholal@avellasd.org, beallsvilleboro@amail.com, bivboro@fairpoint net, smartin@bentworth.k12,pa.us, marcolinil@bcasd,net, blainetwp@gmail.com, supervisors@buftalotwp.com, jwalsh@burgettstown.k12.pa.us, burgtreas1@brdband,com, belczykv@calsd.crg, cbst1$419@yahoo.com, chamberss@omsd.k12.pa.us, dlesnock@eanonsburg.com, carroltownship@comeast.n manager@cecitownship.com, office@centervilleboro.org, ezitney@charleroisd org, beso@harlerolboro.org, inoble@chartierstwp.com, don.bennett@chartiers-houstonsd.com, claysville2003@yahoo.com, dogwoman.dedds@6mail.com, township@hky.com, deemston@allanticbbn.net, donegaltownship@gmail.com, donoraborough@verizon.net, dunlevyboro@gmail.com, ebtwp@atlanticbb net, eastfinley@verizen net, secretary@eastwash.com, raymek@zoomintemet.net, lbr@allanticbb net, kt@fallowfieldtownship.org, finleyvilleborough@yahoo.com, rtk@ortcherry.org, dgress1506@hotmail.com, hanovertwp@comeast.net, parkview20avella@yahoo.com, meruny@sweatlaw.com, charles.mahoney@iu org, pgragan jetfersontwp@hotmail.com, Ibseo@zoominternetinet, marianna_boro@fairpoint.net, mmaximovich@medonaldboro.com, todda@moguifey.k12,pa.us, midboro@comcast.net, cfoglia@cityofmonongahela-pa.gov, Morris Twp@morristwpwashco.org, esakalik@mpt-pa.com, neboro@comeast.net, martha-ward@comeast.net, awalz@northstrabanetwp.com, nottinghamtwp@comeast.net, ‘TGromek@peterstownship.com, raub@pt-sd.org, rskrinjorich@ringgold.org, cbrown@robinsonpa.gov, foscoeborough@yahoo.com, secretary @smithtownship.org, somerset@bentcom.net, sft@choiceanemail.com, contactus@southstrabane.com, openrecordsofficer@trinitypride.org, treasurer@uniontwp.com, washington cityclerk@gmail.com, OpenRecords@co.washington.pa.us, dilerenzo@washington.k12.pa.us, wbtwp1 @faitpointnet, westbrownsvillebora@yahoo.com, WestFinley@aol.com, molishrichard@yahoo.com Dear Sir or Madam, | am a Councilman for The Borough of West Easton, West Easton is a small community of 1,251 residents in an area of one-half square miles, located in Northampton County, Our office staff consists two individuals. A Borough Manager, who also does the job of Secretary and RTK Officer. A Clerk ‘works the reception window. | don't know if you have a resident similar to the one we have, but I'm reaching out to other public agencies, county by county, hoping they will understand the problem with the current Right To Know Law. Itoffers no recourse for a public agency to seek relief trom a serial RTK requester. Unlike Connecticut that has a provision for agencies to solicit a Commission for a review of a requester and to make a determination if they are vexatious, Pennsylvania provides us no avenue for relief. Governments, schools, Authorities - all public agencies are subject to abuse. Over the last few days I've spoken with many who have relayed their own horror stories of a disgruntled resident, parent, or former employee who put in Unrelenting RTK requests for erroneous information that exceeds an amount from rational individuals, West Easton has received more than 80 requests from one individual since the beginning of 2019, Unless your RTK Officer has had to deal with providing "metadata" from all emails received, browser history from all ‘computers, license information for your agency's PDF program, and other nonsense, you don't realize that such requests can take 20-30 hours per week of your employees time fulfilling the multiple requests, or answering appeals to the Office of Open Records when something doesn't exist, or does not meet the expectations of a vexatious requester. Then there may be the cost of a Solicitor needed, should it go to The Court of Common Pleas. ‘While I'm an advocate and supporter of transparency, there are those who have weaponized the RTKL. Thay are often failed candidates for office, or a resident who disagreed with a decision by the governing body. ‘Communities lke Londonderry, Monroeville, and Gregg Twp. have made the news, as a result of one individual in their community, There are others like West Easton, who have not. If you were to find yourself in a similar situation would your staff be able to cope with such an individual and afford the expense to your budget, with no relief available to you? |'m hoping you will draft and approve a Resolution similar to the one | have attached. OurCouncilman ‘West Easton, PA vewa.veseasorborughcon Pa.S7OSH05119 Enaitmats244@rencom Personal website: www. WestEastonPA.com RTKL Resolution.pdf Bex Cheryl Matesich Wed, May 1, 2019 at 11:51 AM To: Matthew Dees Matthew, ‘As a member of the PSAB Board of Directors and the Policies and Resolutions Committee, | can assure you that PSAB has been in support of legislation to revise the existing Right-To-Know Act to address relief from nuisance requestors. The following is the current 2016-2018 PSAB Resolutions listing as approved by PSAB membership in 2018, (Specifically, Resolutions #2014-9 and #2014-10 concem the RTK law.) https:/boroughs.ora/ Cklinder/userfiles/iles/2018%20thrv%202016%20Approved%20Resolutions%20at%202018%20AC. pdf ‘Although the date for formal submission of Resolutions for consideration has passed, the following link provides insight to submitting a delinquent Resolution. hntps://boroughs.org/cktinder/userfiles/files/Resolution%20Timefiame%202019.pd ‘Although the situation you described has not occurred here at Centerville Borough...yet...I agree itis necessary to address this problem as soon as possible. | wil submit your resolution to my Council members at the May meeting, [Quoted text hidden) Cheryl A. Matesich Secretary/Treasurer Centerville Borough 724-785-9206 Matthew Dees Wed, May 1, 2019 at 12:11 PM ‘To: Cheryl Matesich HiGheryl I believe it was Monday that | was able to speak with Mr. Troxell, PSAB Pres., who also told me that the RTKL is a problem for other boroughs, also mentioning the problem of inadequate fee compensation. had reached out to him specifically regarding a delinquent Resolution submission ‘Your appreciate the PSAB taking action on addressing these problems. ‘On a side note, PSATS (Township Supervisors) is also in support of seeking changes. Mr. David Sanko, their Executive Director provided me the following: 19-02 RESOLVED, That PSATS seek legislation to amend the Right-to-Know Law (Act 3 of 2008) to address abusive or harassing use of this law by some requesters. SUPPORT ‘Thank you for your assistance. I'm not sure if | sent you a revised Resolution. The 4th "Whereas" incorrectly attributed stated wording to the RTKL, where it should have been attributed to the OOR. The revised Resolution is attached. Thanks Again, MattMatthew 74, Dees Councilman West Easton, PA wuasnestastorborugh oom Pusvosapsti9. Ema: mate2"1@rencom Personal website: www. WestEastonPA.com [voted txt idan) RTKL Resolution docx a 17K Cheryl Matesich Wed, May 1, 2019 at 12:35 PM To: Matthew Dees ‘Thank you for providing the revised resolution. | was justin the process of preparing the resolution for consideration by Centerville Borough Council on May 14, Do you know which County Borough Association West Easton is a member of? I'd like to reach out to your PSAB Board Representative at the annuel conference. Thanks! [Cuotod tox hdon) Matthew Dees Wed, May 1, 2019 at 6:32 PM ‘To: Cheryl Matesich Hi Cheryl, We have some problems that arose with our representative, after we voted fo send him to the conference. We discovered ‘a questionable relationship between him and our vexatious requester. It explained a lot of the requests we were getting that related to Executive Session discussions. At our next Council meeting we may be sending a second Rep with voting power. Also, without going into detail about a complaint received from a resident and viewing the texts she showed us that was sent to her, | wouldn't want to put you in his path. | expect this particular problem may be resolved in his upcoming re- election bid, rather than by Council, as itis more a civil matter than one the Council can address. Ifwe approve sending @ second Rep., | will forward you the name of the council member you should speak with, Matt Matibew 74, Dees Councilman Wost Easton, PA vuuveseesorboough oon Pr sTbsmbst19 nai mabc2M@ren ccm Personal website: ww. WestEastonPA.com (voted te nentCheryl Matesich ‘Wed, May 1, 2019 at 5:37 PM To: Matthew Dees Completely understandable. [ucted tox hier} Matthew Dees Tue, May 7, 2019 at 6:16 PM ‘To: Cheryl Matesich , Daniel DePaul Hi Again Cheryl, It appears our Mayor, Dan DePaul, will also attend the PSAB Conference. West Easton Council will vote on him going as ‘a 2nd Rep when we meet on May 13th. As he is retired, Dan can make the weekdays of the conference schedule. It's unlikely hell have voting power (could be a problem to remove from one and assign to another), but he will ensure West Easton votes in accordance with Councils instructions. ‘The rest of us on Council actually have to work for a living (Talking to you, Dan. LOL). Mr. DePaul will be our Rep that you should talk to at the PSAB Conference, not Mr. Lewis. | have copied Dan on this email I'm sure he won't mind you reaching out to him directly. Thanks, Matt ———- Forwarded Message ‘Subject:Re: Please forward to the members of your governing body AT -0400 From:Matthew Dees ‘To:Cheryl Matesich Hi Chery), We have some problems that arose with our representative, after we voted to send him to the conference. We discovered ‘a questionable relationship between him and our vexatious requester. It explained a lot of the requests we were getting that related to Executive Session discussions. At our next Council meeting we may be sending a second Rep with voting power. ‘Also, without going into detail about a complaint received from a resident and viewing the texts she showed us that was sent to her, | wouldn't want to put you in his path. | expect this particular problem may be resolved in his upcoming re- election bid, rather than by Council, as itis more a civil matter than one the Council can address. IF we approve sending a second Rep. wll forward you the name ofthe council member you should speak with. Matt Councilman West Easton, PA vervestestorborogh cam Pasmswosti9 Enuik matezst@rencom Personal website; www.WestEastonPA.com(On 5/1/2019 12:35 PM, Cheryl Matesich wrote: Thank you for providing the revised resolution. | was just in the process of preparing the resolution for consideration by Centerville Borough Council on May 14. Do you know which County Borough Association West Easton is a member of? I'd like to reach out to your PSAB Board Representative at the annual conference. Thanks! (On Wed, May 1, 2019 at 12:11 PM Matthew Dees wrote: Hi Cheryl, [believe it was Monday that | was able to speak with Mr. Troxell, PSAB Pres., who also told me that the RTKLis a problem for other boroughs, also mentioning the problem of inadequate fee compensation. had reached out to him specifically regarding a delinquent Resolution submission. ‘The PSAB taking action on addressing these problems. [Ruoted tox riser}BOROUGH OF WEST EASTON COUNCIL, RESOLUTION NO. RESOLUTION TO AMEND THE RIGHT TO KNOW LAW AND PROVIDE RELIEF FROM VEXATIOUS REQUESTERS. WHEREAS the current Pennsylvania Right To Know Law allows a single individual to submit an unlimited amount of requests to a public body; WHEREAS requests for information are not subject to disclosure of their purpose; WHEREAS Pennsylvania communities are suffering from vexatious requesters whose intent is to harass andor overburden the public body and/or public employees; WHEREAS the Office of Open Records states, “citizens should use good judgment in seeking records from the public body and not use this law to harass or overburden a public body from performing its job"; WHEREAS the current Pennsylvania Right To Know Law provides no relief or recourse for a public body, to deter citizens who use the law to harass or overburden the public body; WHEREAS communities and public bodies are suffering from vexatious requesters who cost local taxpayers tens of thousands of dollars in labor, attrition of overwhelmed employees, hiring, additional staff to answer requests, and solicitor costs to defend appeals; WHEREAS the current Right To Know Law is being abused by vexatious requesters who are using the law as a retaliatory weapon, rather than for the public good: NOW THEREFORE be it resolved, that Borough of West E Pennsylvania State Legislature to enact an amendment to: ton Couneil urges the 1. Define the words, “harass” and “overburden” in the current Right To Know Law. 2. Alternatively, provide a venue of remedy for a public body to solicit relief from the Office of Open Records, the Courts, or a designated Commission to address those who could be recognized as a “Vexatious Requester.” Resolved this 13th day of May, 2019 by Borough of West Easton Council in open meeting duly assembled at 237 Seventh Street, West Easton, Pennsylvania. BOROUGH OF WEST EASTON Altested: NORTHAMPTON COUNTY, PA, Joan Heebner, Secretary Paul James, Council PresidentBOROUGH OF WEST EASTON COUNCIL, RESOLUTION NO. RESOLUTION TO AMEND THE RIGHT TO KNOW LAW AND PROVIDE RELIEF FROM VEXATIOUS REQUESTERS WHEREAS the current Pennsylvania Right To Know Law allows a single individual to submit an unlimited amount of requests to a public body; WHEREAS requests for information are not subject to disclosure of their purpose; WHEREAS Pennsylvania communities are suffering from vexatious requesters whose intent is to harass and/or overburden the public body and/or public employees; WHEREAS the current Pennsylvania Right To Know Law states, “citizens should use good judgment in seeking records from the public body and not use this law to harass or overburden a public body from performing its job”; WHEREAS the current Pennsylvania Right To Know Law provides no relief or recourse for a public body, to deter citizens who use the law to harass or overburden the public body; WHEREAS communities and public bodies are suffering from vexatious requesters who cost local taxpayers tens of thousands of dollars in labor, attrition of overwhelmed employees, additional staff to answer requests, and solicitor costs to defend appeals; WHEREAS the current Right To Know Law is being abused by vexatious requesters who are using the law as a retaliatory weapon, rather than for the public good; NOW THEREFORE be it resolved, that Borough of West Pennsylvania State Legislature to enact an amendment to: Saston Council urges the 1. Define the words, “harass” and “overburden” in the current Right To Know Law. 2. Alternatively, provide a venue of remedy for a public body to solicit relief from the Office of Open Records or the Courts, to address those who could be recognized as a “Vexatious Requester.” Resolved this 13th day of May, 2019 by Borough of West Easton Council in open meeting duly assembled at 237 Seventh Street, West Easton, Pennsylvania, BOROUGH OF WEST EASTON Attested: NORTHAMPTON COUNTY, PA. Joan Heebner, Secretary Paul James, Council President