[Res. 2003-1, 1/8/2003, § 1; as amended by Res.
2003-6, 1/8/2003, § 1]
1.
Public records will be available for inspection and copying at the
Kingston Township Municipal Building during the times and periods
stated below, with the exception of public holidays:
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Mondays through Fridays: 8:30 a.m. to 4:30 p.m.
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2.
Requests shall be in writing and directed to the Township Secretary
at the Kingston Township Municipal Building, 180 East Center Street,
Shavertown, Kingston Township, Luzerne County, Pennsylvania 18708.
Written requests shall be on a form provided by the Township, a copy
of which is attached hereto,[1] and shall include the date of the request, the name and
address of the requester, and a clear description of the record(s)
sought.
[1]
Editor's Note: Form is available at the Township office.
[Res. 2003-1, 1/8/2003, § 2; as amended by Res.
2003-6, 1/8/2003, § 2]
Paper copies will be $0.30 per page per side. If mailing is
requested, the cost of postage will be charged. If a disk is requested,
it will be provided by the Township, if available, at the cost of
$10 per disk. A new disk will be necessary each time records are provided.
Fax copies will be available at the cost of $0.50 per page. If "True
and Correct Certification" is requested, an additional charge of $2
will be added. The Township will require prepayment if the total fees
are estimated to exceed $100.
[Res. 2003-1, 1/8/2003, § 3; as amended by Res.
2003-6, 1/8/2003, § 3]
1.
The Township will make a good faith effort to provide the requested
public records as promptly as feasible. Township employees shall cooperate
with those requesting to review and/or duplicate original Township
documents while taking reasonable measures to protect Township documents
from the possibility of theft and/or modification.
2.
The Township Secretary shall review all written requests for access
to public records. As soon as possible, but no later than five business
days after receiving a written request to access public records, the
Township Secretary shall respond to all such requests in a manner
consistent with Act 100 of 2002, the Pennsylvania Open Records Law.
[Res. 2003-1, 1/8/2003, § 4; as amended by Res.
2003-6, 1/8/2003, § 4]
1.
If a written request is denied or deemed denied, the requester may
file exceptions with the Board of Supervisors within 15 business days
of the mailing date of the Township's denial. The exceptions shall
state grounds on which the requester asserts that the record is a
public record and shall address any grounds stated by the Township
for denying the request.
2.
The Board of Supervisors shall make a final determination on the
exceptions within 30 days of the mailing date of the exceptions. The
Board of Supervisors may hold a hearing on the issue during the 30
days. If the Board determines that the denial was correct, it must
provide a written explanation to the requester.
[Res. R-2008-9, 12/10/2008]
As used in this Part 15B, the following terms shall have the
meanings indicated:
Any account, voucher or contract dealing with the receipt
or disbursement of funds or acquisition, use or disposal of services,
supplies, materials, equipment or property; or the salary or other
payments or expenses paid to an officer or employee, including the
individual's name and title; and a financial audit report, excluding
the audit's underlying work papers.
A record, including a financial record, that is not protected
by a defined privilege or is not exempt from being disclosed under
one of the exemptions in Pennsylvania's Right-to-Know Law or under
other federal or state law or regulation or judicial decree or order.
Information, regardless of physical form or characteristics,
that documents a Township transaction or activity and is created,
received or retained pursuant to law or in connection with a Township
transaction, business or activity, including a document, paper, letter,
map, book, tape, photograph, film or sound recording, information
stored or maintained electronically, and a data-processed or image-processed
document.
A legal resident of the United States, or an agency, who
requests access to a record.
The Township's notice informing a requester of a granting
of access to a record or the Township's written notice to a requester
granting, denying, or partially granting and partially denying access
to a requested record.
[Res. R-2008-9, 12/10/2008]
The Board of Supervisors or any Township employee duly authorized
by the Board of Supervisors shall make the Township's public records
available for access and duplication to a requester, in accordance
with law, Board of Supervisors' policy, administrative regulations,
and the provisions of the Pennsylvania Right-to-Know Law, upon the
condition that all of the terms and provisions set forth herein are
fully complied with.
[Res. R-2008-9, 12/10/2008]
1.
The Board of Supervisors shall designate an Open Records Officer,
who shall be responsible to:
A.
Receive written requests for access to records submitted to the Township.
B.
Review and respond to written requests in accordance with law, Board
of Supervisors' policy, and administrative regulations.
C.
Direct requests to other appropriate individuals in the Township's
employ or in another agency.
D.
Track the Township's progress in responding to requests.
E.
Issue interim and final responses to submitted requests.
F.
Maintain a log of all record requests and their disposition.
G.
Ensure Township staff are trained to perform assigned job functions
relative to requests for access to records.
2.
Upon receiving a request for access to a record, the Open Records
Officer shall:
A.
Note the date of receipt on the written request.
B.
Calculate and note on the written request the day on which the five-day
period for response will expire.
C.
Maintain an electronic or paper copy of the written request, including
all documents submitted with the request, until the request has been
fulfilled.
D.
If the written request is denied, maintain the written request for
30 days or, if an appeal is filed, until a final determination is
issued or the appeal is deemed denied.
[Res. R-2008-9, 12/10/2008]
1.
Requesters may access and procure copies of the public records of
the Township during the regular business hours of the Township administration
offices.
2.
A requester's right of access does not include the right to remove
an original record from the control or supervision of the Open Records
Officer.
3.
The Township shall not limit the number of records requested.
4.
When responding to a request for access, the Township is not required
to create a record that does not exist or to compile, maintain, format
or organize a record in a manner which the Township does not currently
use.
5.
Information shall be made available to individuals with disabilities
in an appropriate format, upon request and with sufficient advance
notice.
6.
The Township shall post conspicuously at the administration office
and on the Township's web site, if the Township maintains a web site,
the following information:
A.
Contact information regarding the Open Records Officer.
B.
Contact information regarding the state's Office of Open Records
and the website of the state's Office of Open Records or other applicable
appeals officer.
C.
The form to be used to file a request, with a notation that the Pennsylvania
State Office of Open Records form may also be used, if the Township
decides to create its own form.
D.
This Part 15B of the Board of Supervisors and all administrative
regulations and procedures governing requests for access to the Township's
public records.
7.
Request for access.
A.
A written request for access to a public record shall be submitted
on the required form(s) and addressed to the Open Records Officer.
B.
Written requests may be submitted to the Township in person, by mail,
to a designated facsimile machine, or to a designated e-mail address.
D.
The Township shall not require an explanation of the reason for the
request or the intended use of the requested record, unless otherwise
required by law.
8.
Fees.
A.
Except for the duplication fee established by the state, the Board
of Supervisors shall approve, by appropriate ordinance, a list of
reasonable fees relative to requests for public records. The Township
shall maintain a list of applicable fees and disseminate the list
to requesters and post a list of applicable fees conspicuously in
the administration building.
B.
No fee may be imposed for review of a record to determine whether
the record is subject to access under law.
C.
Prior to granting access, the Township may require prepayment of
estimated fees when the fees required to fulfill the request are expected
to exceed $100.
D.
The Board of Supervisors may waive duplication fees when the requester
duplicates the record or the Board of Supervisors deems it is in the
public interest to do so.
9.
Response to request.
A.
Township employees shall be directed to forward immediately requests
for access to public records to the Open Records Officer.
B.
Upon receipt of a written request for access to a record, the Open
Records Officer shall determine if the requested record is a public
record and if the Township has possession, custody or control of that
record.
C.
The Open Records Officer shall respond as promptly as possible under
the existing circumstances, and the initial response time shall not
exceed five business days from the date the written request is received
by the Open Records Officer.
D.
The initial response shall grant access to the requested record;
deny access to the requested record; partially grant and partially
deny access to the requested record; notify the requester of the need
for an extension of time to fully respond; or request more detail
from the requester to clearly identify the requested material.
E.
If the Township fails to respond to a request within five business
days of receipt, the request for access shall be deemed denied.
10.
Extension of time.
A.
If the Open Records Officer determines that an extension of time
is required to respond to a request, in accordance with the factors
stated in law, written notice shall be delivered to the requester
within five business days of receipt of the request. The notice shall
indicate that the request for access is being reviewed, the reason
that the review requires an extension, a reasonable date when the
response is expected, and an estimate of applicable fees owed when
the record becomes available.
B.
Up to a thirty-day extension for one of the above-listed reasons
does not require the consent of the requester. If the response is
not given by the specified date, it shall be deemed denied on the
day following that date.
C.
A requester may consent, in writing, to an extension of time that
exceeds 30 days, in which case 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.
11.
Granting of request.
A.
If the Open Records Officer determines that the request will be granted,
the response shall inform the requester that access is granted and
either include information on the regular business hours of the administration
office, provide electronic access, or state where the requester may
go to inspect the records or information electronically at a publicly
accessible site. The response shall include a copy of the fee schedule
in effect, a statement that prepayment of fees is required in a specified
amount if access to the records will cost in excess of $100, and the
medium in which the records will be provided.
B.
A public record shall be provided to the requester in the medium
requested if it exists in that form; otherwise, it shall be provided
in its existing medium. However, the Township is not required to permit
use of Township computers.
C.
The Open Records Officer may respond to a records request by notifying
the requester that the record is available through publicly accessible
electronic means or that the Township shall provide access to inspect
the record electronically. If the requester, within 30 days following
receipt of the Township's notice, submits a written request to have
the record converted to paper, the Township shall provide access in
printed form within five days of receipt of the request for conversion
to paper.
D.
A public record that the Township does not possess, but which is
possessed by a third party with whom the Township has contracted to
perform a governmental function and which directly relates to that
governmental function, shall be considered a public record of the
Township. When the Township contracts with such a third party, the
Township shall require the contractor to agree, in writing, to comply
with the request for such records and to provide the Township with
the requested records in a timely manner to allow the Township to
comply with law.
E.
If the Open Records Officer determines that a public record contains
information both subject to and not subject to access, the Open Records
Officer shall grant access to the information subject to access and
deny access to the information not subject to access. The Open Records
Officer shall redact from the record the information that is not subject
to access. The Open Records Officer shall not deny access to a record
if information is able to be redacted.
F.
If the Open Records Officer responds to a requester that a copy of
the requested record is available for delivery at the administration
office and the requester does not retrieve the record within 60 days
of the Township's response, the Township shall dispose of the copy
and retain any fees paid to date.
12.
Notification to third parties.
A.
When the Township produces a record that is not a public record in
response to a request, the Open Records Officer shall notify any third
party which provided the record to the Township, the person that is
the subject of the record, and the requester.
B.
The Open Records Officer shall notify a third party of a record request
if the requested record contains a trade secret or confidential proprietary
information of a third party, in accordance with law and administrative
regulations.
13.
Denial of request.
A.
If the Open Records Officer denies a request for access to a record,
whether in whole or in part, a written response shall be sent within
five business days of receipt of the request. The response denying
the request shall include the following:
(1)
Description of the record requested.
(2)
Specific reasons for denial, including a citation of supporting
legal authority.
(3)
Name, title, business address, business telephone number, and
signature of the Open Records Officer on whose authority the denial
is issued.
(4)
Date of the response.
(5)
Procedure for the requester to appeal a denial of access.
B.
The Open Records Officer may deny a request for access to a record
if the requester has made repeated requests for that same record and
the repeated requests have placed an unreasonable burden on the Township.
C.
The Open Records Officer may deny a request for access to a record
when timely access is not possible due to a disaster or when access
may cause physical damage or irreparable harm to the record. To the
extent possible, a record's contents shall be made accessible even
when the record is physically unavailable.
D.
Information that is not subject to access and is redacted from a
public record shall be deemed a denial.
E.
If a written request for access to a record is denied or deemed denied,
the requester may file an appeal with the state's Office of Open Records
within 15 business days of the mailing date of the Open Records Officer's
response or deemed denial.
[Added by Res. R-7-2009, 8/12/2009]
1.
Any audio recording utilized for the purpose of assisting in the
preparation of the minutes of any public meeting of the Board of Supervisors,
any public meeting of the Kingston Township Planning Commission, any
public meeting of the Kingston Township Zoning Hearing Board, or any
public meeting at which a quorum of the Board of Supervisors is present
for the purpose of deliberating upon or for the actual taking of official
action shall be considered an accessible public record, pursuant to
§ 1505, Definitions, of this Part 15B.
