[Res. 2008-13, 11/3/2008]
A requester of records shall complete an information request
form provided by the Office of Open Records and/or the Township and
shall identify the requested records with sufficient specificity.
[Res. 2008-13, 11/3/2008]
The Township hereby designates the Township Manager or Assistant
Manager or Secretary or Assistant Secretary as the Open Records Officer
in accordance with the Pennsylvania Right-to-Know Law; and said Open
Records Officer shall receive requests submitted to the Township 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.
[Res. 2008-13, 11/3/2008]
If a requested record contains both public record information
as well as non-public-record information, the Township may redact
the non-public-record information from the record.
[Res. 2008-13, 11/3/2008]
1.
Upon receipt of a written request for access to a public record,
the Township shall make a good-faith effort to respond as promptly
as possible under the circumstances existing at the time of the request.
2.
The response shall not exceed five business days from the date of
the written request. The failure of the Township to respond in the
designated time frame shall be deemed a denial of the request unless
one of the following exceptions applies:
A.
The request requires the redaction of information within a public
record;
B.
The request requires the retrieval of the document from a remote
location;
C.
A timely response cannot be accomplished due to legitimate staffing
limitations;
D.
A legal review is necessary;
E.
The requester did not comply with the Township's policies regarding
public access;
F.
The requester refuses to pay fees; or
G.
The extent or nature of the request precludes a response within the
required time period.
3.
In the event of one or more of the above exceptions, the Township
shall send written notice to the requester within five business days
of the request stating that 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.
[Res. 2008-13, 11/3/2008]
1.
If the request is denied, the following must be included with the
denial:
A.
A description of the record requested;
B.
The specific reasons for the denial, including a citation of supporting
legal authority;
C.
The 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.
The date of the response; and
E.
The appeal procedure.
[Res. 2008-13, 11/3/2008]
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 Township's
response or deemed denial. The appeal shall proceed in accordance
with the Pennsylvania Right-to-Know Act. 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 denying
or delaying the request.
