SUNBURY - All three Northumberland County judges have recused themselves from presiding over an open records appeal filed by the City of Shamokin regarding a request made by county Commissioner Stephen Bridy.
Judge Charles Saylor was the last of the three to recuse, doing so Aug. 1, according to the county prothonotary's office. President Judge Robert B. Sacavage and Judge William H. Wiest had previously recused themselves.
Feelers have been put out to neighboring county courthouses regarding a transfer of the case, but a decision has not yet been made, according to the county court administrator's office.
An appeals officer with the state Office of Open Records (OOR) ruled in May that information on the cost of health benefits provided to elected officials is not protected information and should be released.
Bridy sought the information in February under the Right-To-Know Law, but his request was denied. The city argued the information is exempt under a medical records provision of the state law, and that it is confidential under the federal Health Insurance Portability and Accountability Act (HIPPA). It says it consulted with the U.S. Department of Health and Human Services in making its determination.
The OOR appeals officer disagreed with the city, saying the records relate to cost and not to individually identifiable health information, which is exempt as a medical record. Also, the appeals officer said HIPPA does not apply to the requested records.
The Barley Snyder law firm filed an appeal on the city's behalf in June in Northumberland County court, asking that the OOR's decision be overturned. It argues that the state agency made "several misstatements of fact and misapplied the pertinent legal analysis," and argues the city is a covered health care entity under HIPAA, which would make the requested information exempt.
Shamokin's Right-To-Know officer is City Clerk Steve Bartos, who oversees requests made under the state law.
Prior to Bridy's request, fellow Commissioner Vinny Clausi had sought the same information and also was denied. His appeal to the state failed on a filing error.