Employee timesheets is the basis for Right-to-Know requests

SOMERSET ― Somerset County Commissioners continue to be concerned over Facebook posts targeting county employees while the office is being inundated with Right-to-Know requests.

During the public comment portion of Tuesday's commissioners' board meeting, George Critchfield said he feels there is a lack of work ethic among county employees, particularly on the fifth floor of the County Office Building.

Also, community member Lester Younkin said he has been filing Right-to-Know requests to the commissioners. He said he understands his last Right-to-Know request "created a flurry" in the office.

Younkin said he's been told the unionized county employees are not being paid for time off because they don't have enough time acquired. He said he gets about 700 emails a week from county employees reaching out to him, which is why he's gotten an attorney representative.

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Right-to-Know requests

Pennsylvania's Right-to-Know laws give the public access to the public records of government agencies. Under the law, all state and local government agency records are presumed to be public. So if an agency wants to withhold a record, it must prove that it is entitled to do so under the Right-to-Know law, another law or regulation, attorney-client privilege, or court order.

The exceptions to the law are if releasing the records would result in the loss of federal or state funds; or could result in a risk of physical harm to the person.

"We are seeing a very disturbing trend on Facebook of targeting county employees," said Commissioner Pamela Tokar-Ickes. "I've not seen this before in my tenure here. The requests are asking for timesheets. It's disconcerting."

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She said the Right-to-Know requests are for most of the employees' timesheets, especially for directors and assistant directors, from Jan. 1 to the present.

"If there were issues, they'd be addressed through HR (human resources)," Tokar-Ickes said. "If they have a question, come to the commissioners and ask. Contact the commissioners. But to ask for a handful of employees' timecards puts us in a bad position. I don't know of any employer who would be comfortable with that."

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Employee timesheets

The timesheets record the employee's time clocked into work and time out of work, overtime, specified compensation time and sick time. The directors have different sheets than the hourly employees, said Commissioner Colleen Dawson.

"The staff is tracking the time, and I am getting a gut feeling that we'll need to hire a new position for the Right-to-Know requests," Tokar-Ickes said.

The commissioners said solicitor Gabriel Fera's costs are covered under a contract that is not to exceed $125,000 a year. The Right-to-Know requests are costing the county money in legal fees – from May through June the fees totaled in excess of $8,000, said Dawson.

"That is just legal fees, it does not include the time the office staff puts into getting the information put together," she said. "It is especially a burden on the county when our staff is at 33%. Any request is taking the commissioners' time as well. In the absence of staff, we step in and we take care of these things. The time frame has to be done by 30 days after the request. We can ask for extensions."

They pointed out it takes hours for the person to compile information and know what is appropriate to be released. They need to exempt employee health records or anything that would put anyone at safety risk.

"We're not arguing that they are public documents, but this is harassing," Chairman Gerald Walker said.

Younkin's request did create a response from fifth-floor employees, Tokar-Ickes confirmed. She said the employees have a lot of responsibility and this issue is having an impact on the staff.

"These requests for employee timesheets are unique in Somerset County," Tokar-Ickes said. "I've never had this before. They (the employees) are being targeted and harassed."

Statewide issue

Solicitor Chris Furman said an abundance of Right-to-Know requests is not limited to Somerset County. "This is an issue all around the state," he said.

Furman said the Right-to-Know law is being weaponized to be used in the political process.

"There are large volumes, years worth of data being requested," he said. "It will take a large period of time to accomplish. I don't know what the motivations are."

Furman pointed out his firm keeps track of its time and submits that to the commissioners. As soon as that is handed over to the commissioners, it becomes a public document.

He said this billing process is a change from what it used to be because private solicitors bill yearly, dividing the time up to each month of the year.

This article originally appeared on The Daily American: Somerset County says overwhelmed with Right-to-Know requests