[HISTORY: Adopted by the Borough Council of the Borough of
Rosslyn Farms as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-9-2009 by Ord. No. 362]
In accordance with Act 3 of 2008, as amended (hereinafter the "Act"), adopted by the Commonwealth of Pennsylvania, the Council of the Borough of Rosslyn Farms hereby repeals in its entirety Chapter 35 of its Codified Ordinances, and hereby adopts the following chapter in its place, to be known as the "Right to Know Law."
A.
The following official is hereby designated as the open records officer,
at the following address:
Borough Secretary
Open Records Officer
Borough of Rosslyn Farms
200 Rosslyn Road
Carnegie, PA 15106
|
B.
The Borough Secretary may designate one or more employees to serve
in his place during any period of absence or nonavailability.
A.
Public records shall be available for access during regular business
hours of the Borough Secretary of the Borough of Rosslyn Farms.
B.
Records of the Borough of Rosslyn Farms shall generally be made available
at the business office of the Secretary of the Borough of Rosslyn
Farms at 790 Holiday Drive, Foster Plaza, Building 11, 3rd Floor, Pittsburgh, PA 15220, or as otherwise designated
by the open records officer in the response to a request for access.
A.
All requests for access to public records shall be in writing and submitted to the open records officer at the address designated in this article set forth in § 35-2A or 35-3B above, delivered by regular mail, postage prepaid, hand delivery, or by any other means for the delivery of the written request to the designated office. Electronic delivery of the request via e-mail or facsimile is not permissible.
C.
All requests for access to records received by the Borough of Rosslyn
Farms shall be directed to its open records officer.
D.
The request for access to public records shall identify or describe
the records sought with sufficient specificity to enable the open
records officer to ascertain which records are being requested and
shall include the name and address to which the open records officer
shall address a response.
E.
Nothing in this article shall require the open records officer to respond to any request that is submitted by electronic means, via e-mail or facsimile, or by any means other than by a written request mailed to or hand delivered to the address indicated in either § 35-2A or 3B above.
F.
The Borough shall not 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 Borough does not currently compile,
maintain, format or organize the public record which is the subject
of the request.
G.
A record provided to a requestor shall be provided in the medium
requested if it exists in that medium. Otherwise, it shall be provided
in the medium in which it exists at the Borough.
H.
Nothing in this article shall in any way be deemed to enlarge, modify
or make public any record that is not required to be produced by the
Act or that is otherwise exempt from production under the Act.
I.
The request shall certify that the requester is a legal resident
of the United States or that the requester is an agency, as defined
in the Act.
A.
Upon receipt of a request for a public record, the open records officer
shall:
(1)
Note on the request the date of receipt of the request.
(2)
Compute the day on which the five-business-day requirement to respond
will expire and note that date on the written request.
(3)
Maintain an electronic or paper copy of the written request, including
all documents submitted with the request, until the request has been
fulfilled.
(4)
If the request is denied in whole or in part, the written request
shall be maintained for 30 days, or if an appeal is filed, until a
final determination is issued by the appeals officer or the appeal
is deemed denied.
A.
Upon receipt of a written request for access, the open records officer
shall determine if one of the following applies:
(1)
The request requires redaction as authorized by the Act.
(2)
The request requires retrieval of a record stored in a remote location.
(3)
A timely response to the request cannot be accomplished due to bona
fide and specified staffing limitations.
(4)
A legal review of the request is necessary to determine whether the
record request is subject to access under the Act.
(5)
The requester has not complied with the Borough's Right-to-Know
Law procedures.
(6)
The requestor refuses to pay the fees authorized by the Act and this
article.
(7)
The extent or nature of the request precludes a response within the
required period.
D.
If the reasonable response date set forth in Subsection C(3) above is in excess of 30 days following the five business days initially allowed, the request shall be deemed denied, unless the requestor has agreed, in writing, to an extension to the date specified in the notice.
(1)
If the requestor agrees to the extension, the request shall be deemed
denied on the day following the date specified in the notice if the
open records officer has not provided a response by that date.
E.
If a request is denied in whole or in part, the denial shall be written
and shall include:
(1)
A description of the record requested.
(2)
The reasons for the denial, with citation to supporting legal authority.
(3)
The type/printed name, title, business address, business telephone
number and signature of the open records officer who authorized the
denial.
(4)
The date of the response.
(5)
The procedure to appeal the denial of access.
A.
Any denial of a written request for access may be appealed by the
requestor to the State Office of Open Records established in the Department
of Community and Economic Development within 15 business days of the
mailing date of the open records officer's response or within
15 business days of a deemed denial.
B.
The appeal shall state the grounds upon which the requestor asserts
that the record is a public record and shall address any grounds stated
by the open records officer for delaying or denying the request.
C.
The appeals officer designated by the Office of Open Records shall
thereafter issue a determination in accordance with the Act.
D.
A petition for review of the final determination of the appeals officer
may thereafter be filed with the Court of Common Pleas of Allegheny
County in accordance with and as authorized by the Act. The filing
of such petition shall stay the release of documents until such time
as a final decision has been issued.
A.
Fees for photocopies, printing from electronic media or microfilm,
copying onto electronic media, transmission by facsimile or other
electronic means, if authorized by this article, shall be as established
by the Office of Open Records, namely:
B.
The production of records shall not require the Borough to certify
records. In the event certification is requested by the requestor
for the purpose of legally verifying the public record, the requestor
shall be assessed a charge as established by the State Office of Open
Records, namely $5 for such certification.
C.
If requested records are only maintained in a nonpaper format, duplication
fees shall be limited to the lesser of the fee for duplication on
paper or the fee for duplication in the original media format of the
record, unless the requestor specifically requires the more-expensive
medium.
D.
The actual cost of mailing shall be charged.
E.
Reasonable costs for complying with a request may be charged if authorized
by the Act.
F.
In the event the fees required to fulfill the request are expected
to exceed $100, the requestor shall prepay the estimated fees prior
to being granted access to the public records.
G.
In the event the open records officer's response to a request
states that copies of the records are available for delivery at specified
offices of the Borough and the records are not retrieved within 60
days of the date of the response, the Borough may dispose of the copies
not retrieved and retain any fees paid.
In the event any part of this article is in conflict with any
mandatory portion of the Act, then only that portion of this article
shall be deemed in conflict, and this article shall be deemed amended
to comply with the Act.
This article shall be available for inspection at the Office
of the Borough Secretary at 790 Holiday Drive, Foster Plaza, Building
11, 3rd Floor, Pittsburgh, Pennsylvania.
[Adopted 2-9-2009 by Ord. No. 363]
A.
The document retention and disposition schedule of the Borough of
Rosslyn Farms shall be in accordance with the Municipal Records Act,
53 Pa.C.S.A. § 901 et seq. as amended, and the regulations
adopted and as may hereafter be amended at 46 Pa. Code § 15.51
et seq.
B.
It is the intent of the Borough of Rosslyn Farms to follow the schedule
of retention and disposition as may be adopted from time to time by
the Local Government Records Committee acting under and pursuant to
the authority granted to it by the Municipal Records Act.
C.
Each individual act of records disposition shall be approved by resolution
of Council of the Borough of Rosslyn Farms.
D.
Nothing in this article shall prevent the Borough of Rosslyn Farms
from retaining records longer than the periods which may be provided
in the schedules approved by the Local Government Records Committee.