Municipality of Kingston, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 3.
[Adopted 12-22-2008 by Res. No. 2008-39]

§ 33-1 Information request form.

A requester of records shall complete an information request form provided by the Office of Open Records and/or the Municipality and shall identify the requested records with sufficient specificity.

§ 33-2 Open records officer.

The Municipality hereby designates the Municipal Secretary as the Open Records Officer, in accordance with the Pennsylvania Right-To-Know Law,[1] and said Open Records Officer shall receive requests submitted to the Municipality under the Right-To-Know Law, direct requests to other appropriate persons within the Municipality or to appropriate persons in another agency, track the Municipality's progress in responding to requests and issue interim and final responses.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.

§ 33-3 Access requests.

If a requested record contains both public record information as well as nonpublic record information, the Municipality may redact the nonpublic record information from the record.

§ 33-4 Access; time for response exceptions.

A. 
Upon receipt of a written request for access to a public record, the Municipality shall make a good faith effort to respond as promptly as possible under the circumstances existing at the time of the request. The response shall not exceed five business days from the date of the written request. The failure of the Municipality to respond in the designated time frame shall be deemed a denial of the request unless one of the following exceptions applies:
(1) 
The request requires the redaction of information within a public record.
(2) 
The request requires the retrieval of the document from a remote location.
(3) 
A timely response cannot be accomplished due to legitimate staffing limitations.
(4) 
A legal review is necessary.
(5) 
The requester did not comply with the Municipality's policies regarding public access.
(6) 
The requester refuses to pay fees.
(7) 
The extent or nature of the request precludes a response within the required time period.
B. 
In the event of one or more of the above exceptions, the Municipality shall send written notice to the requester within five business days of the request stating the request is being reviewed, the reason for review and the exception that applies, the expected response date and an estimate of applicable fees owed when the record becomes available. If a response is expected more than 30 days after the five-day period, the request is deemed denied unless otherwise agreed to by the requester in writing.

§ 33-5 Denial of access.

If the request is denied, the following must be included with the denial:
A. 
Description of the record requested.
B. 
Specific reasons for the denial, including a citation of supporting legal authority.
C. 
Typed or printed name, title, business address, business telephone number and signature of the Open Records Officer on whose authority the denial was issued.
D. 
Date of response.
E. 
Appeal procedure.

§ 33-6 Appeal procedure.

If the request is denied or deemed denied, the requester may file an appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under the Pennsylvania Right-To-Know Law within 15 business days of the mailing date of the Municipality's response or deemed denial. The appeal shall proceed in accordance with the Pennsylvania Right-To-Know Law. 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 Municipality for denying or delaying the request.

§ 33-7 Fee schedule.

The fee schedule for information and/or record requests shall be as set forth in the fee structure of the Pennsylvania Office of Open Records pursuant to Section 1307 of the Right-To-Know Law.[1]
[1]
Editor's Note: See 65 P.S. § 67.1307.

§ 33-8 Effective date.

This article shall take effect on January 1, 2009.