[HISTORY: Adopted by the Borough Council
of the Borough of Brookville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 31.
[Adopted 7-1-2008 by Ord. No. 1061]
The purpose of this policy is to assure compliance
with Act 3 of 2008, the Pennsylvania Right-to-Know Law,[1] as amended; to provide access to public records of the
Municipality; to preserve the integrity of the Municipality's records;
and to minimize the financial impact to the residents of the Municipality
regarding the resources utilized in the receipt and processing of
public record requests and the retrieval and copying of public records.
[1]
Editor's Note: See 65 P.S. § 67.101
et seq.
It is the policy of the Municipality to require
the presence of a designated employee when public records are examined
and inspected and to charge reasonable fees for duplication of public
records of the Municipality. This Municipality designates the Borough
Secretary/Treasurer as the Open Records Officer, responsible for assuring
compliance with the Pennsylvania Right-to-Know Law,[1] in accordance with the following guidelines:
A.
The Open Records Officer may designate certain employee(s)
to process public record requests.
B.
The Open Records Officer is responsible for minimizing,
where possible, the financial impact to the Municipality regarding
the resources utilized in the receipt and processing of public record
requests and the retrieval and copying of public records.
C.
All requests for public records of the Municipality
under this policy shall be specific in identifying and describing
each public record requested. In no case shall the Municipality be
required to create a public record which does not exist or to compile,
maintain, format or organize a public record in a manner in which
the Municipality does not currently compile, maintain, format or organize
the public record. All requests for public records shall be submitted
in writing and include the date of the request; requestor's name,
address and telephone number; certification of United States residency;
signature of requestor; and if duplication is required, appropriate
payment.
D.
The designated employee shall make a good faith effort
to determine whether each record requested is a public record.
E.
The Municipality shall facilitate a reasonable response
to a request for the Municipality's public records. In no case is
the Municipality expected to provide extraordinary staff to respond
to the request, but will respond in a manner consistent with the Municipality's
administrative responsibilities and consistent with the requirements
of the Pennsylvania Right-to-Know Law.[2]
[2]
Editor's Note: See 65 P.S. § 67.101
et seq.
F.
The designated employee shall respond to the requester
within five business days from the date of receipt of the written
request. If the Municipality does not respond within five business
days of receipt thereof, the request is deemed to be denied.
H.
If access to the public record requested is approved,
the public record shall be available for access during the regular
business hours of the Municipality. The designated employee shall
cooperate fully with the requester, while also taking reasonable measures
to protect municipal public records from the possibility of theft
and/or modification. The presence of a designated employee is required
when public records are examined and inspected.
I.
Fees for duplication of public records shall be as
established by the Commonwealth's Office of Open Records. The Municipality
may, at its discretion, waive fees.
J.
In the event the estimated cost of fulfilling a request
submitted under this policy is expected to exceed $100, the designated
employee(s) shall obtain the expected cost in advance of fulfilling
the request to avoid unwarranted expense of municipal resources.
K.
If the request is being reviewed, the notice provided
by the Municipality shall be in writing and include the reason for
the review and the expected response date, which shall be within 30
days of the notice of review. If the Municipality does not respond
within 30 days thereof, the request is deemed denied.
(1)
Review of the request is limited to situations where:
(a)
The record requested contains information which
is subject to access, as well as information which is not subject
to access that must be redacted prior to a grant of access. The redacted
information is considered a denial as to that information;
(b)
The record requires retrieval from a remote
location;
(c)
A timely response cannot be accomplished due
to staffing limitations;
(d)
A legal review is necessary to determine whether
the record requested is a public record;
(e)
The requestor has failed to comply with the
Municipality's policy and procedure requirements;
(f)
The requester refuses to pay the applicable
fees; or
(g)
The extent or nature of the request precludes
a response within the required time period.
(2)
Upon a determination that one of the factors listed
above applies, the Municipality shall send written notice to the requester
within five business days of receipt of the request for access. The
notice shall include a statement notifying the requester that the
request for access is being reviewed, the reason for the review, a
reasonable date that a response is expected to be provided and an
estimate of applicable fees owed when the record becomes available.
If the date that a response is expected to be provided is in excess
of 30 days, following the five business days allowed for, the request
for access shall be deemed denied unless the requester has agreed,
in writing, to an extension to the date specified in the notice. If
the requester agrees to the extension, the request shall be deemed
denied on the day following the date specified in the notice if the
agency has not provided a response by that date.
M.
If the request is denied or deemed denied, the requester
may file an appeal with the Commonwealth's Office of Open Records
within 15 business days of the mailing date of the Municipality's
notice of denial or within 15 days of a deemed denial. The appeal
shall state the grounds upon which the requester asserts that the
record is a public record and shall address any grounds stated by
the agency for delaying or denying the request.
N.
Within 30 days of the mailing date of the final determination
of the appeals officer, the requester or Municipality may file a petition
for review or other document as required by rule of court with the
Court of Common Pleas for the county. The decision of the court shall
contain findings of fact and conclusions of law based upon the evidence
as a whole. The decision shall clearly and concisely explain the rationale
for the decision. A petition for review under this section shall stay
the release of documents until a decision is issued.
O.
This policy shall be available for review at the Municipality
offices.
[1]
Editor's Note: See 65 P.S. § 67.101
et seq.
