SHAMOKIN - The state's Office of Open Records has ruled that the city must make public the individual cost of health insurance for its elected officials.
Benjamin A. Lorah, appeals officer, found that the city erred when citing health insurance privacy laws and medical records disclosure exemptions in failing to turn over the information to Northumberland County Commissioner Stephen Bridy.
The city is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), and that law does not apply to the requested records, Lorah said in a May 8 ruling.
The requested records apply specifically to the benefit costs and not to individually identifiable health information, he said, and therefore is not exempt. Any information that may identify an individual's health information can be redacted by the city from the requested records.
City Hall was given until June 7 to provide the records to Bridy, who requested the information Feb. 20 under the state's Right-to-Know Law. It was denied six days later and Bridy subsequently appealed to the state on March 14.
City officials could appeal the OOR's ruling in county court.
Bridy said he expected the OOR to rule in his favor. "We were only asking for how tax dollars were being utilized to pay for the medical premium. I don't think it should have ever gone that far," he said.
Bridy and fellow Commissioner Vinny Clausi has sought the cost by individual or by family to provide health insurance to elected city officials. They also asked to be told which elected officials are enrolled and which are not, as well as being provided any eligibility policies related to elected officials who also qualify to receive Medicare.
They both said they sought the records on behalf of three city residents who wished not make the requests themselves, with the commissioners saying they feared retribution.
Clausi said the OOR ruling shows "we were right all along."
"They did not follow the rules," he said of the city. "When the records come in, I will show the citizens of Shamokin why the city charges 5 mills extra for taxes for their own personal insurance."
The commissioner was referring to the city's successful petition of county court for five straight years to receive an exemption allowing it to assess real estate taxes at 30 mills, 5 mills above the maximum under Third Class City Code.
The city's argument has been that it cannot meet its obligations without it.
Steve Bartos, the city's Right-to-Know officer, denied the requests by Bridy and Clausi multiple times citing privacy regulations. He had pointed to opinions both by the city's health care provider and a representative of U.S. Health and Human Services that said supported his denial.
Bartos said last week that he had no comment on the ruling.
Group benefits for council members, the mayor, controller, solicitor, community development officer and a secretary are lumped into one line item in the 2013 budget, according to Bartos. It totaled $121,901 for health, life and vision. Both Mayor George Rozinskie and Councilman Mike Snyder have said they are not enrolled in the city's health plan.
The legal battle prompted Bartos to send Clausi a bill for $1,200 in February, citing city policy on costs associated with the request, including utilizing the Barley Snyder law firm during Clausi's appeals process. Clausi has refused to pay the invoice.
Clausi's own appeal was denied in January by the state due to a filing error.
A similar request to what the commissioners had asked for was made under the Right-to-Know Law by The News-Item in November. It also was denied, but an appeal was not filed with OOR.