[HISTORY: Adopted by the Board of Commissioners
of Upper Gwynedd Township 12-22-2008 by Res. No. 23-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also superseded
former Ch. 37, Records, Public Access to, adopted 12-16-2002 by Res.
No. 14-2002.
The purpose of this policy is to assure compliance
with the Pennsylvania Right-To-Know Law, 65 P.S. § 67.101
et seq., as amended, to provide access to public records of Upper
Gwynedd 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.
It is the policy of the Township 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 Township hereby designates the Township
Manager the Open Records Officer, who shall be responsible for assuring
compliance with the Pennsylvania Right-To-Know Law, in accordance
with the following guidelines:
A.
The Township Manager may designate certain employee(s)
to process public record requests in his stead.
B.
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.
C.
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.
All requests for public records shall be submitted in writing and
on a form provided by the Township, as attached hereto, entitled "Request
for Review and Duplication of Public Record."[1]
[1]
Editor's Note: Said form is on file in the
Township offices.
D.
The Township Manager, or his designated employee,
shall make a good faith effort to determine whether each record requested
is a public record.
E.
The Township shall facilitate a reasonable response
to a request for Township public records. In no case is the Township
expected to provide extraordinary staff to respond to the request,
but it will respond in a manner consistent with Township administrative
responsibilities and consistent with the requirements of the Pennsylvania
Right-To-Know Law.
F.
The designated employee shall respond to the requester
within five business days from the date of receipt of the written
request. If the Township does not respond within five business days
of receipt thereof, the request is deemed 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 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.
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 50% of the expected cost in advance of fulfilling
the request to avoid unwarranted expense to the Township.
K.
If the request is being reviewed, the notice provided
by the Township shall be in writing, as indicated on the form attached
hereto, entitled "Notice of Review of Request to Review and/or Duplicate
Public Record,"[3] and shall include the reason for the review and the expected
response date, which shall be within 30 days of the notice of review.
If the Township does not respond within 30 days thereof, the request
is denied. Review of the request is limited to situations where:
(1)
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.
(2)
The record requires retrieval from a remote location.
(3)
A timely response cannot be accomplished due to staffing
limitations.
(4)
A legal review is necessary to determine whether the
record requested is a public record.
(5)
The requester has failed to comply with the Township's
policy and procedure requirements.
(6)
The requester refuses to pay the applicable fees.
[3]
Editor's Note: Said form is on file in the
Township offices.
M.
If the request is denied or deemed denied, the requester
may file exceptions with the President of the Board of Commissioners
within 15 business days of the mailing date of the Township's notice
of denial or within 15 days of a deemed denial. The exceptions must:
N.
The Board of Commissioners shall review the exceptions
and may conduct a hearing to assist in making a final determination.
A final determination will be made within 30 days of the mailing date
of the exceptions, unless extended by the parties. If the denial is
upheld, the decision shall contain a written explanation of the reason
for denial and an explanation of the process for further appeal.
O.
This policy shall be posted conspicuously at the Township
offices located at 1 Parkside Place, North Wales, PA 19454.
P.
This policy shall take effect on January 1, 2009.
