Westmoreland told to release 'daily entry and exit time records' for Register of Wills

Westmoreland County was ordered this week to release “electronic swipe card daily entry and exit time records” for Register of Wills Sherry Magretti Hamilton under a decision by the state Office of Open Records.

The decision reversed the county’s Dec. 20 denial of a request under the state’s Right-to-Know Law filed Nov. 18 by Matthew Pecarchik, husband of Register of Wills employee and former candidate Katie Pecarchik.

The state 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.

“… the county has not submitted sufficient evidence to establish that the disclosure of the times when the Register of Wills enters and exits the building is reasonably likely to threaten personal or building security,” appeals officer Erin Burlew wrote in the determination.

Westmoreland County was ordered to turn over the records within 30 days.

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.

Matthew Pecarchik said Wednesday he was pleased with the decision.

“It’s a victory for the taxpayers of Westmoreland County,” he said. “Taxpayers should know how many hours an elected official is working. We are paying their salary, and they should be dedicated and accountable to work full time, representing the people of Westmoreland County.”

Westmoreland County solicitor Melissa Guiddy argued in an appeal memorandum sent to the Office of Open Records “that disclosure of the swipe card records would result in a substantial and demonstrable risk of physical harm to Ms. Hamilton and would create a reasonable likelihood of endangering the safety or physical security of a building.”

County officials expressed concern the release of the swipe card information would “set a dangerous precedent” and threaten safety of the commissioners, judges, row officers and other county employees, among other issues. An electronic swipe card system is used to access certain secure areas of the courthouse.

County Park Police Chief Henry Fontana said in an affidavit submitted for the appeal that releasing the information would allow anyone to follow or learn the routines and paths of employees who use the swipe card system.

The Office of Open Records gave “significant weight” to Fontana’s affidavit, but ultimately ruled Matthew Pecarchik’s request doesn’t seek locations of secure entrances or exits or information about the swipe card system.

“The county … argues that disclosure of the requested records could allow access to secure areas of the courthouse; but does not establish any link between or explain how the times of entry and exit of one individual could threaten the building security,” Burlew wrote.

Guiddy said the county is reviewing the decision. Magretti Hamilton referred comment to Guiddy. Katie Pecarchik declined to comment.