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Corbett must halt strong-arm tactics on 4 universities' aid

Penn State, Pitt and the two other universities in the commonwealth classified as “state related” should operate under the full-disclosure requirements of Pennsylvania’s open-records law. That’s without question, even though they haven’t had to do so up to now.

But until the Legislature officially expands the disclosure requirements of those universities — the other two are Temple and Lincoln — Gov. Tom Corbett shouldn’t be threatening the schools with loss of state funds.

Corbett is governor, not dictator. He shouldn’t present himself as one.

The Legislature should be cautious in how it reacts to this tactic by the governor.

Corbett advised Penn State trustees of his intention to tie Penn State’s aid to the open-records law when the trustees board met in January. Corbett will be releasing his 2012-13 state budget proposal on Tuesday.

“A decision has to be made,” Corbett said afterward.

The governor said he plans to talk with state lawmakers about forcing Penn State to make a decision on whether it is a public or private institution.

That discussion is a correct approach to the issue, but threatening Penn State and the other schools in the meantime is the wrong approach — especially when there is legislation already on the legislative table aimed at accomplishing what the governor seeks.

State Sen. John Blake, D-Lackawanna County, who is among a few lawmakers who have introduced such legislation, is correct that the schools “should not be intimidated into giving up state funds — funds I believe critical to their mission and to their ability to enable lower-income students to afford higher education.”

Senate Majority Leader Dominic Pileggi, R-Delaware County, who is an open-records advocate, also is being more responsible and realistic than the governor, who is trying to get his way by using strong-arm tactics.

Corbett should be so demanding in obtaining tax or impact-fee revenue from Marcellus Shale drillers. But Corbett, who has received more than a few thousand dollars in campaign funds from that industry, has been content to forgo that revenue as he targets power-play tactics at education instead.

Again, the four universities should be operating under the requirements of the open-records law, but that requirement should be imposed the proper way. After all, it was the Legislature that allowed the exemptions currently in place.

Penn State still is suffering the effects — and dealing with ongoing investigations — tied to the Jerry Sandusky sex-abuse scandal. Even though the governor’s current stance is fallout from Penn State secrecy that the scandal exposed, Corbett should be content with making his point and letting the General Assembly do the rest.

That is the process that the state constitution establishes.

As an article in the Harrisburg Patriot-News outlined, under the open-records law, the four schools must make public only that information that the universities provide to the U.S. Internal Revenue Service, and a list of their 25 highest-paid employees.

The Right-to-Know Law carries with it the presumption that all agency records, except for 30 exemptions, are public. However, the law also keeps private proprietary, academic and security information that universities have been reluctant to disclose. The universities’ position has been that if they are required to disclose all of their professors’ salaries, they could be at a competitive disadvantage.

They also contend some donors might be reluctant to give if they are not allowed to remain anonymous.

Such issues must be weighed, but they should be weighed by the Legislature under the normal legislative process. They should not be judged by a strong-armed, single-focus gubernatorial initiative.

Corbett, now that he has expressed his opinion, should back off and allow the Legislature to do its job.

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