The Borough recognizes the importance of public records as the
record of the Borough's actions and the repository of information
about this Borough. The public has the right to access and procure
copies of public records, with certain exceptions, subject to law,
Borough policy and administrative regulations.
As used in this chapter, the following terms shall have the
meanings indicated. (65 P.S. § 67.102)
FINANCIAL RECORD
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.
PUBLIC RECORD
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.
RECORD
Information, regardless of physical form or characteristics,
that documents a Borough transaction or activity and is created, received
or retained pursuant to law or in connection with a Borough 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.
REQUESTER
A legal resident of the United States, or an agency, who
requests access to a record.
RESPONSE
The Borough's notice informing a requester of a granting
of access to a record or the Borough's written notice to a requester
granting, denying, or partially granting and partially denying access
to a requested record.
The Borough shall make the Borough's public records available
for access and duplication to a requester in accordance with law,
Borough policy and administrative regulations. (65 P.S. §§ 67.302,
67.305, 67.504 and 67.701)
To determine if a requested record is exempt from access, the
Open Records Officer will consider and apply each exemption separately.
A. The following
records are exempt from public access by a requester in accordance
with the Right-To-Know Law.
(1) Loss of funds/physical harm/personal security. When the disclosure
of a record would result in the Borough's loss of federal or
state funds or would reasonably be likely to result in a substantial
and demonstrable risk of physical harm to or personal security of
an individual.
(2) Public safety. When the disclosure of a record maintained in connection
with the military, homeland security, national defense, law enforcement
or other public safety activity would reasonably be likely to jeopardize
or threaten public safety or public protection activity, or a record
that is designated classified by an appropriate federal or state military
authority.
(3) Safety/security of facilities. When the disclosure of a record creates
a reasonable likelihood of endangering the safety or physical security
of a building, public utility, resource, infrastructure, facility,
or information storage system, which may include:
(a)
Documents or data relating to computer hardware; source files;
software; and system networks that could jeopardize computer security
by exposing a vulnerability in preventing, protecting against, mitigating
or responding to a terrorist act.
(b)
List of infrastructure, resources and significant special events,
including those defined by the federal government in the National
Infrastructures Protections Plan, that are deemed critical due to
their nature and result from risk analysis; threat assessments; consequences
assessments; antiterrorism protective measures and plans; counterterrorism
measures and plans; and security needs assessments.
(c)
Building plans or infrastructure records that expose or create
vulnerability through disclosure of the location, configuration or
security of critical systems, including public utility systems; structural
elements; technology; communication; electrical; fire suppression;
ventilation; water; wastewater; sewage; and gas systems.
(4) Computer systems. When the disclosure of records regarding computer
hardware, software and networks, including administrative and technical
records, would reasonably be likely to jeopardize computer security.
(5) Medical information. When the disclosure of a record of an individual's
medical, psychiatric or psychological history or disability status,
including an evaluation; consultation; prescription; diagnosis or
treatment; results of tests, to include drug tests; enrollment in
a health care program or program designed for participation by persons
with disabilities, including vocational rehabilitation; worker's
compensation and unemployment compensation; or related information
would disclose individually identifiable health information.
(6) Personal identification information.
(a)
Disclosure of the following personal identification information:
[1]
A record containing all or part of an individual's social
security number; driver's license; driver's license number;
personal financial information; home, cellular or personal telephone
numbers; personal e-mail addresses; employee number or other confidential
personal identification number.
[2]
A spouse's name, marital status, beneficiary or dependent
information.
[3]
The home address of a law enforcement officer or judge.
(b)
Personal information that must be disclosed includes the name;
position; salary; actual compensation or other payments or expenses;
employment contract; employment-related contract or agreement; and
length of service of a public official or Borough employee.
(c)
The Open Records Officer may redact from a record the name or
other identifying information relating to an individual performing
an undercover or covert law enforcement activity.
(7) Certain employee information. Disclosure of the following records
relating to a Borough employee:
(a)
A letter of reference or recommendation pertaining to the character
or qualifications of an identifiable individual, unless it was prepared
in relation to the appointment of an individual to fill a vacancy
in an elected office or an appointed office requiring Senate confirmation.
(b)
A performance rating or review.
(c)
The result of a civil service or similar test administered by
a commonwealth agency, legislative agency or judicial agency. The
result of a civil service or similar test administered by a local
agency shall not be disclosed if restricted by a collective bargaining
agreement. Only test scores of individuals who obtained a passing
score on a test administered by a local agency may be disclosed.
(d)
The employment application of an individual who is not hired
by the Borough.
(e)
Workplace support services information.
(f)
Written criticisms of a Borough employee.
(g)
Grievance material, including documents related to discrimination
or sexual harassment.
(h)
Information regarding discipline, demotion or discharge contained
in a personnel file, except information that applies to the Borough's
final action that results in demotion or discharge.
(8) Labor relations/negotiations/arbitration.
(a)
Disclosure of a record pertaining to strategy or negotiations
relating to labor relations or collective bargaining and related arbitration
proceedings. In the case of the arbitration of a dispute or grievance
under a collective bargaining agreement, disclosure of an exhibit
entered into evidence at an arbitration proceeding or a transcript
of the arbitration or the opinion.
(b)
This exemption does not apply to a final or executed contract
or agreement between the parties in a collective bargaining agreement,
or to the final award or order of an arbitrator in a dispute or grievance
procedure.
(9) Predecisional drafts. Disclosure of the draft of a bill, ordinance,
regulation, statement of policy, management directive, or their amendments,
prepared by or for the Borough.
(10) Predecisional deliberations. Disclosure of a record that reflects:
(a)
The internal predecisional deliberations of the Borough, its
Council members, employees or officials or predecisional deliberations
between Council members, employees, or officials and members, employees
or officials of another agency, including predecisional deliberations
relating to a budget recommendation, legislative proposal, legislative
amendment, contemplated or proposed policy or course of action, or
any research, memos or other documents used in the predecisional deliberations,
subject to law governing open meetings. Public records do include
a record of any of the above that is not exempt from access by law
and which is presented to a quorum for deliberation in accordance
with law governing open meetings; a written or Internet application
or document that has been submitted to request commonwealth funds;
and the results of public opinion surveys, polls, focus groups, marketing
research or similar efforts designed to measure public opinion.
(b)
The strategy to be used to develop or achieve the successful
adoption of a budget, legislative proposal or regulation.
(11) Trade secret/confidential proprietary information. Disclosure of
a record that constitutes or reveals a trade secret or confidential
proprietary information.
(12) Personal notes/working papers. Disclosure of notes and working papers
prepared by or for a Borough public official or employee used solely
for that official's or employee's own personal use, including
telephone message slips, routing slips, and other materials that do
not have an official purpose.
(13) Donor identity. Disclosure of records that would disclose the identity
of an individual who lawfully makes a donation to the Borough, unless
the donation is intended for or restricted to providing remuneration
or personal tangible benefit to a Borough public official or employee,
including lists of potential donors compiled by the Borough to pursue
donations, donor profile informational, or personal identifying information
relating to a donor.
(14) Criminal investigations.
(a)
Disclosure of a record of the Borough or an agency relating
to or resulting in a criminal investigation, including:
[1]
Complaints of potential criminal conduct other than a private
criminal complaint.
[2]
Investigative materials, notes, correspondence, videos and reports.
[3]
A record that includes the identity of a confidential source
or of a suspect who has not been charged with an offense to whom confidentiality
has been promised.
[4]
A record that includes information made confidential by law
or court order.
[5]
Victim information, including any information that would jeopardize
the safety of a victim.
[6]
A record that if disclosed would reveal the institution, progress
or result of a criminal investigation, except the filing of criminal
charges; deprive an individual of the right to a fair trial or impartial
adjudication; impair the ability to locate a defendant or codefendant;
hinder an agency's ability to secure a arrest, prosecution or
conviction; or endanger the life or physical safety of an individual.
(b)
This exemption does not apply to information contained in a
police blotter as defined in law and utilize or maintained by the
State Police, local, campus, transit or port authority police department
or other law enforcement agency, or in a traffic report, except as
provided by law.
(15) Noncriminal investigations. Disclosure of a Borough record relating
to a noncriminal investigation, including:
(a)
Complaints submitted to the Borough.
(b)
Investigative materials, notes, correspondence and reports.
(c)
A record that includes the identity of a confidential source,
including individuals subject to the Whistleblower Law.
(d)
A record that includes information made confidential by law.
(e)
Work papers underlying an audit.
(f)
A record that if disclosed would: reveal the institution, progress
or result of a Borough investigation, except the imposition of a fine
or civil penalty, the suspension, modification or revocation of a
license, permit, registration, certification or similar authorization
issued by an agency, or an executed settlement unless the agreement
is determined to be confidential by a court; deprive a person of the
right to an impartial adjudication; constitute an unwarranted invasion
of privacy; hinder an agency's ability to secure an administrative
or civil sanction; or endanger the life or physical safety of an individual.
(16) Emergency communications. Disclosure of records or parts of records,
except time response logs, pertaining to audio recordings, telephone
or radio transmissions received by emergency dispatch personnel, including
911 recordings, unless the agency or a court determines that the public
interest in disclosure outweighs the interest in nondisclosure.
(17) DNA/RNA. Disclosure of DNA and RNA records.
(18) Coroner/medical examiner. Disclosure of specific records and reports
of a coroner or medical examiner.
(19) Draft minutes. Disclosure of draft minutes of any Borough meeting
until the next regularly scheduled Council meeting, minutes of an
executive session, and any record of discussions held in executive
session.
(20) Real estate appraisals/feasibility studies:
(a)
Disclosure of the contents of real estate appraisal, engineering
or feasibility estimate, environmental reviews, audits or evaluations
made for or by the Borough relative to the leasing, acquiring or disposing
of real property or an interest in real property; the purchase of
public supplies or equipment included in the real estate transaction;
and construction projects.
(b)
This exemption does not apply to the documents listed above
once the decision is made to proceed with the lease, acquisition or
disposal of real property or an interest in real property, the purchase
of public supplies, or a construction project.
(21) Library records. Disclosure of the library and archive circulation
and order records of an identifiable individual or groups of individuals.
(22) Archeological site/endangered species. Disclosure of a record identifying
the location of an archeological site or an endangered or threatened
plant or animal species if not already known to the general public.
(23) Precontract award documents. Disclosure of a proposal pertaining
to Borough procurement or disposal of supplies, service or construction
prior to the award of the contract or prior to the opening and rejection
of all bids; financial information of a bidder or offerer requested
in an invitation for bid or request for proposals to demonstrate the
bidder's or offerer's economic capability; or the identify
of members, notes and other records of Borough proposal evaluation
committees established under law relating to competitive sealed proposals.
(24) Insurance communications:
(a)
Disclosure of a record or information relating to a communication
between the Borough and its insurance carrier, administrative service
organization or risk management office.
(b)
This exemption does not apply to a contract with an insurance
carrier, administrative service organization or risk management office,
or to financial records relating to the provision of insurance.
(25) Social services. Disclosure of a record or information identifying
an individual who applies for or receives social services, the type
of social services received by an individual, an individual's
application to receive social services or eligibility to receive social
services.
(26) General Assembly correspondence. Disclosure of correspondence between
an individual and member of the General Assembly and records accompanying
the correspondence that would identify an individual requesting assistance
or constituent services, except for correspondence between a member
of the General Assembly and a principal or lobbyist under law.
The listed exemptions do not apply to financial records, except that the Open Records Officer shall redact the portions of a financial record protected under exemptions in §
55-6A(1),
(2),
(3),
(4),
(5),
(6),
(16) or
(17).
The listed exemptions do not apply to aggregated data maintained or received by the Borough, except for data protected under exemptions in §
55-6A(1),
(2),
(3),
(4) or
(5).
The Open Records Officer will not disclose the identity of an
individual performing an undercover or covert law enforcement activity.