[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 1-15-2003 by Ord. No. 316. Amendments noted where
applicable.]
[Amended 12-17-2008 by Ord. No. 375]
The purpose of this chapter is to assure compliance with the
new Pennsylvania Right-to-Know Law, February 14, 2008, P.L. 6, No.
3 (Act 3 of 2008), to provide access to public records of West Deer
Township (the "Township"), to preserve the integrity of Township records,
and to minimize the financial impact to the residents of the Township
regarding the resources utilized in the receipt and processing of
public record requests and the retrieval and copying of public records.
[Amended 12-17-2008 by Ord. No. 375]
A.Â
It is the policy of the West Deer Township Board of Supervisors 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 Township. The West Deer Township Board of
Supervisors designates the Township Manager as the open records officer
responsible for assuring compliance with the Pennsylvania Right-to-Know
Law.
B.Â
The open records officer shall receive requests submitted under the
Right-to-Know Law, direct requests to other appropriate persons within
the Township or to appropriate persons in another agency, track the
Township's progress in responding to requests and issue interim
and final responses under the Right-to-Know Law.
C.Â
Upon receiving a request for a public record, the open records officer
shall do all of the following:
(1)Â
Note the date of receipt on the written request.
(2)Â
Compute the day on which the five-day period under § 901
of the Right-to-Know Law will expire and make a notation of that date
on the written request.
(3)Â
Maintain an electronic or paper copy of a written request, including
all documents submitted with the request, until the request has been
fulfilled. If the request is denied, the written request shall be
maintained for 30 days or, if an appeal is filed, until a final determination
is issued under § 1101(b) of the Right-to-Know Law or the
appeal is deemed denied.
The West Deer Township Board of Supervisors may designate certain
employee(s) to process public record requests.
The Township Manager is responsible for minimizing, where possible,
the financial impact to the Township regarding the resources utilized
in the receipt and processing of public record requests and the retrieval
and copying of public records.
[Amended 12-17-2008 by Ord. No. 375]
A.Â
All requests for public records of the Township under this policy
shall be specific in identifying and describing each public record
requested. In no case shall the Township 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 Township does not currently
compile, maintain, format or organize the public record. The Township
may fulfill verbal, written or anonymous verbal or written requests
for access to records under the Right-to-Know Law. If the requester
wishes to pursue the relief and remedies provided for in the Right-to-Know
Law, the request for access to records must be a written request.
All written requests for public records shall be submitted on a uniform
form developed by the Office of Open Records.
B.Â
A written request for access to records may be submitted in person,
by mail, by e-mail, or by facsimile. A written request must be addressed
to the open records officer. Employees of the Township shall forward
requests for records to the open records officer. A written request
should identify or describe the records sought with sufficient specificity
to enable the Township to ascertain which records are being requested
and shall include the name and address to which the Township should
address its response. A written request need not include any explanation
of the requester's reason for requesting or intended use of the
records unless otherwise required by law.
C.Â
If a requested record contains both public record information as
well as nonpublic record information, the Township may redact the
nonpublic record information from the record accessed in accordance
with § 706 of the Right-to-Know Law.
[Amended 12-17-2008 by Ord. No. 375]
A.Â
Upon receipt of a written request for access to a record, the Township
shall make a good-faith effort to determine whether each record requested
is a public record and whether the Township has possession, custody
or control of the identified record, and to respond as promptly as
possible under the circumstances existing at the time of the request.
In no case is the Township expected to provide extraordinary staff
to respond to the request, but will respond in a manner consistent
with reasonable administrative responsibilities and consistent with
the requirements of the Right-to-Know Law. All applicable fees shall
be paid in order to receive access to the record requested.
B.Â
The time for response shall not exceed five business days from the
date the written request is received by the open records officer for
the Township. If the Township fails to send the response within five
business days of receipt of the written request for access, the written
request for access shall be deemed denied unless an extension of time
is provided by operation of § 902 of the Right-to-Know Law
if the open records officer determines that one of the factors listed
in § 902(a) of the Right-to-Know Law applies. These factors
are:
(1)Â
The request for access requires redaction of a record in accordance
with § 706.
(2)Â
The request for access requires the retrieval of a record stored
in a remote location.
(3)Â
A timely response to the request for access cannot be accomplished
due to bona fide and specified staffing limitations.
(4)Â
A legal review is necessary to determine whether the record is a
record subject to access under the Right-to-Know Law.
(5)Â
The requester has not complied with the Township's policies
regarding access to records.
(6)Â
The requester refuses to pay applicable fees authorized by the Right-to-Know
Law.
(7)Â
The extent or nature of the request precludes a response within the
required time period.
C.Â
Upon a determination that one of the factors listed in Subsection B applies, the open records officer shall send written notice to the requester within five business days of receipt of the written request for access.
D.Â
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 in § 901
of the Right-to-Know Law, 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.
E.Â
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.
F.Â
If access to the public record requested is approved, the public
record shall be available for access during the regular business hours
of the Township. The designated employee shall cooperate fully with
the requester, while also taking reasonable measures to protect Township
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. If the Township grants a request for access,
the Township shall, upon request, provide the requester with a certified
copy of the record if the requester pays the applicable fees under
§ 1307 of the Right-to-Know Law. If the Township's
response to a requester states that copies of the requested records
are available for delivery at the office of the Township and the requester
fails to retrieve the records within 60 days of the Township's
response, the Township may dispose of any copies which have not been
retrieved and retain any fees paid to date.
G.Â
If the Township's response is a denial of a written request
for access, whether in whole or in part, the denial shall be issued
in writing and shall include:
(1)Â
A description of the record requested.
(2)Â
The specific reasons for the denial, including a citation of supporting
legal authority.
(3)Â
The typed or printed name, title, business address, business telephone
number and signature of the open-records officer on whose authority
the denial is issued.
(4)Â
Date of the response.
(5)Â
The procedure to appeal the denial of access under the Right-to-Know
Law.
H.Â
Filing an Appeal of Township's Determination.
(1)Â
If a written request for access to a record is denied or deemed denied,
the requester may file an appeal with the Office of Open Records or
other appeals officer designated under § 503(a) of the Right-to-Know
Law within 15 business days of the mailing date of the Township's
response or within 15 business days of a deemed denial.
(2)Â
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 Township for delaying or denying the request.
[Amended 12-17-2008 by Ord. No. 375]
Section 1307 of the Right-to-Know Law requires the Office of
Open Records to establish a fee structure for commonwealth agencies
and local agencies. The Office of Open Records has established a fee
structure which has been published online and available to the public
on its website. The fee schedule is hereby adopted by the Township
in accordance with the fee structure established by the Office of
Open Records. Fees for duplication of public records shall be in an
amount as established, from time to time, by resolution of the Board
of Supervisors.
[Amended 12-17-2008 by Ord. No. 375]
In the event the estimated cost of fulfilling a request for
access in accordance with the Right-to-Know Law 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
Township resources.
[Amended 12-17-2008 by Ord. No. 375]
[Amended 12-17-2008 by Ord. No. 375]
This chapter shall take effect on January 1, 2009.
