HARRISBURG - A Lycoming County judge ruled Friday that Northumberland County Commissioner Stephen Bridy is entitled to information involving what the City of Shamokin has paid to provide health insurance to its employees, including elected officials.
In granting Bridy access to all records he sought through a Right-To-Know (RTK) request within 30 days, Judge Richard A. Gray said the health care information is a public record that isn't exempt from disclosure under federal or state law or regulations, or judicial orders or decrees, or is not protected by a privilege.
Gray said the purpose of the RTK Law is to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials and make public officials accountable for their actions.
In his ruling, Gray said the court concluded that it doesn't matter whether the purpose of the request for records was politically motivated. He said if Shamokin has a covered health plan under HIPAA, the information sought by Bridy doesn't fall into the category of "protected health information."
Gray, who was appointed to the case after all three Northumberland County judges recused themselves, said Shamokin did not prove that any of the requested records are exempt from public access by a preponderance of the evidence. The judge said Bridy requested records that disclosed the public officials who receive health insurance coverage for themselves and their families. He said Bridy did not request medical information or records that are exempt under the law such as personal identification (Social Security number, driver's license number, financial information, cell or telephone numbers, etc.) or a spouse's name, marital status or beneficiary or dependent.
Gray states, "Without access to information about the benefits provided to our elected officials as a result of their election to office, the populace cannot fully consent to be governed by them. Consent of the governed is a fundamental cornerstone of democracy."
'Deserve to know'
When contacted Friday night about the ruling, Bridy said, "It's unfortunate they took up everyone's time, capital and resources to withhold information every municipality is forthcoming with. The taxpayers of Shamokin deserve to know how their hard-earned money is spent by their elected officials."
Northumberland County Commissioner Vinny Clausi said he is pleased with the judge's ruling that reinforces his opinion about Bridy's request.
"Shamokin City Council and the mayor tried to hide the insurance they are receiving in addition to other expenses paid for by the taxpayers of Shamokin," Clausi said. "We will request all necessary information so we can tell the people of Shamokin the truth about how much money they wasted."
In addition to paying their own attorney fees, Clausi and Bridy said city officials may have to pay the legal fees of Attorney John Muncer, who privately represented Bridy. Muncer also serves as assistant solicitor for the county.
Barley Snyder of Reading had billed the city $9,795 through September for its legal representation in the case.
Clausi said he hopes city clerk and RTK officer Steve Bartos - who refused to divulge the health information to himself, Bridy and the media - gets fired over the issue.
"That information should have been released before this matter went to court," Clausi said.
Happy it's resolved
Current Shamokin Councilman and mayor-elect William Milbrand said he is happy the situation has been resolved. He stated, "From the beginning, I've never had anything to hide in regard to health care benefits and I provided my health care benefits to The News-Item before my campaign and the election."
Milbrand believes the city wasted a lot of money in its reluctance to divulge the health care information.
Milbrand pays $100 per month toward a health care insurance plan that, for single-person coverage, costs the city $813.59 a month.
Also, Milbrand receives $3,250 annually, a stipend paid to all councilmembers in monthly installments of $270.83.
Milbrand, who's been on the health care plan all four years he's been in office, said he didn't put much thought into the financial impact the insurance has on the city budget. But he does now.
Bartos, who has been on medical leave for eight days, said he wasn't aware of the ruling until notified by the media Friday night. He reserved comment.
Shamokin Mayor George Rozinskie also declined comment.
City solicitor H. Robert Mattis was unavailable for comment Friday evening.
Year-long fight
Bridy filed the RTK request in an unofficial capacity, but the commissioner connection complicated the case.
Bridy requested details on what the city has paid to provide health insurance to its employees, including elected officials, since 2006. It was denied in February by Bartos, who said the request was viewed as a "serial filing" to similar requests made by Clausi. Bartos said in his denial letter the commissioners did not comply with "applicable appeal procedure."
Clausi's four requests made in November and December 2012 for individually specific financial information on the city's health insurance were also denied. The city argued the records are exempt under a medical records provision of the RTK law, and that they are confidential under the federal Health Insurance Portability and Accountability Act (HIPAA). Bartos said the city consulted with the U.S. Department of Health and Human Services in making its determination.
Bartos did provide Clausi aggregate amounts of health insurance spending highlighted in city budgets over the past four years, along with general information on benefits offered under the health care plan.
In the 2013 budget, group benefits for council members, the mayor, controller, solicitor, community development officer and a secretary are lumped into one line item totaling $121,901 for health, life and vision.
An appeal by Clausi to the state's Office of Open Records (OOR) failed in January on a filing error. However, Bridy was successful in his appeal, an OOR appeals officer ruling in May that the records applying specifically to benefit costs and not to individually identifiable health information are not exempt and should be provided.
The city, however, decided to fight the appeal, which, per the RTK Law, took the case to county court.