Westmoreland County appeals order to turn over Register of Wills' time records

Westmoreland County officials say they shouldn’t be forced to turn over the electronic swipe card records of Register of Wills Sherry Magretti Hamilton to the husband of a political opponent.

County officials are appealing a ruling from the state Office of Open Records that allowed for the release of “electronic swipe card daily entry and exit time records” for Magretti Hamilton. They asked on Wednesday for a county judge to overturn the state agency’s Jan. 27 final determination.

The request for records under the state’s Right-to-Know Law was made Nov. 18 by Matthew Pecarchik, husband of Register of Wills employee and former candidate Katie Pecarchik. County officials denied the request but the Office of Open Records sided with Matthew Pecarchik on appeal.

Katie Pecarchik questioned during her campaign how much time Magretti Hamilton spends at the office. Pecarchik was unsuccessful in a previous records request that sought the same information but was worded differently. Time logs don’t exist for employees who are paid a salary.

Magretti Hamilton secured her second term by defeating Katie Pecarchik in the November election.

County Solicitor Melissa Guiddy said the information, which logs the times and dates Magretti Hamilton was in her office, is “exempt from disclosure” and could affect courthouse security and the safety of Magretti Hamilton. Guiddy also argued in the petition that the Register of Wills is a “judicial agency,” and the Office of Open Records doesn’t have jurisdiction to hear appeals related to records that aren’t financial.

The open records office’s final determination rejected security-related arguments from Westmoreland County because the request sought records specifically for Magretti Hamilton’s entry and exit at the Greensburg courthouse between 2016 and 2019.

Guiddy presented the same security and safety argument to the Office of Open Records during Matthew Pecarchik’s appeal, saying that releasing the records could “set a dangerous precedent.” An electronic swipe card system is used to access certain secure areas of the courthouse.

No court action has been set for the county’s appeal.