Nondisclosure is the enemy of freedom of information.
Government of the people doesn’t just encourage transparency. It demands it.
It is the responsibility of the people to be informed voters who then make informed decisions about who they want to represent them. That can’t occur if decisions happen behind a curtain.
For years, we have pointed to the failings in this area by counties and municipalities. We have called out courts and school districts. And the Pennsylvania Legislature — both Senate and House — has been a repeated target for the way it evades transparency with the lack of a gift ban, the per diem system and overall murkiness of expenses.
We have, likewise, pointed out the problems with the Wolf administration. That includes Wolf’s directing of $40 million to the four state- related universities — Pitt, Penn State, Temple and Lincoln — a move that was quietly done with none of the press releases and public bows so common to these bequests.
Now it’s Josh Shapiro’s turn. As we approach his swearing-in as Pennsylvania’s 48th governor, Spotlight PA has released reporting about the blackout of information regarding his transition team.
That group is organized as a nonprofit rather than having governmental status and accountability. That’s not uncommon. However, the nondisclosure agreements attached are something that is becoming more commonplace — which is a troublesome trend.
This is not a party critique for Democrat Shapiro. NDAs have been pointed to as a problem for the Republican Trump White House as well. It’s an example of the fact that what’s bad for one is bad for both.
Nondisclosure agreements are not, on their own, a problem. They are perfectly legal. They are used in business and in civil settings every day. But in government, they are more like a demand for a prenuptial agreement — an unsettling way to start a new relationship.
Shapiro is coming into office in a unique position — the first Democrat elected to succeed a Democratic governor in Pennsylvania since David Lawrence followed George Leader in 1958. But he does so at a time of unprecedented partisan tension and while the Legislature is more than a little uncertain.
He has an opportunity to embrace transparency in a way that would make his administration a role model for other branches of government and give him the authority to lead counties, municipalities and school districts to an openness that would benefit every Pennsylvanian.
But starting out with these transition NDAs is a little murky.
