Borough of Manor, PA
Westmoreland County
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[Res. 2016-12, 11/16/2016[1]]
The words and phrases used in this policy shall have the meanings given to them by 65 P.S. § 67.102, unless the context clearly indicates otherwise.
[1]
Editor's Note: This resolution specifically repealed Res. 2009-01. This resolution further provided that "nothing in this resolution shall be construed to modify, rescind or supersede any record retention policy or disposition schedule of the Borough established pursuant to the Municipal Records Act (53 Pa.C.S.A. § 1381 et seq.) or the rules and regulations promulgated thereunder.
[Res. 2016-12, 11/16/2016]
A requester of records shall complete an information request form provided by the Office of Open Records and/or the Borough and shall identify the requested records with sufficient specificity to enable the Open Records Officer to process said request.
[Res. 2016-12, 11/16/2016]
1. 
The Borough hereby designates the Borough Secretary-Treasurer as the Open Records Officer of the Borough in accordance with the Pennsylvania Right-To-Know Law.[1] Said Open Records Officer shall receive requests for public records of the Borough submitted to the Borough under the Right-To-Know Law, direct requests to other appropriate persons within the Borough or to appropriate persons in another agency, monitor the Borough's progress in responding to requests and issue interim and final responses.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
2. 
Upon receipt of a request for a public record or financial record, the Open Records Officer shall:
A. 
Note the date of the receipt of a written request on the written request.
B. 
Compute the day on which the five-day period under § 901 of the Right-To-Know Law[2] will expire and make a notation of that date on the written request.
[2]
Editor's Note: See 67 P.S. § 67.901.
C. 
Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been fulfilled or denied. If the request is denied, the written request shall be maintained for at least 30 days or, if an appeal is filed, until a final determination is issued under § 1101(b) of the Right-To-Know Law,[3] or the appeal is deemed denied.
[3]
Editor's Note: See 65 P.S. § 67.1101(b).
D. 
Create a log of all requests which shall include the date of the request, the documents requested, the requestor's name, and the date the request was fulfilled, notice when an extension was issued or when the request was denied.
[Res. 2016-12, 11/16/2016]
1. 
Oral requests for public records may be refused by the Open Records Officer; and said Officer is authorized to require that a request for a public record be in writing. If a requested record contains both public record information as well as non-public record information, the Borough may redact the non-public record information from the record and take such over measures as are reasonable and necessary to comply with a proper and lawful request.
2. 
The written request shall be a form established by the Open Records Officer or on the form developed by the Office of Open Records of the Commonwealth of Pennsylvania.
3. 
Written requests personally delivered to the Open Records Officer shall be delivered during the normal business hours of the Borough.
4. 
Written requests received by mail shall be sent to the attention of the Open Records Officer and mailed to the Borough.
5. 
A written request shall be deemed received by the Open Records Officer three days after the same is postmarked or, if sent by registered or certified mail, on the date received by the Open Records Officer.
6. 
Written requests sent by e-mail or facsimile to an officially designated e-mail address or an officially designated facsimile number shall be deemed received on the first business day following the mailing or faxing of the request.
7. 
The right of access to a public record or financial record does not include the right to remove said record from the control or supervision of the Open Records Officer or any other officer, employee or agent of the Borough or any party with whom the Borough has a contract to perform a governmental function on its behalf, and which directly relates to the governmental function and is not otherwise exempt or privileged.
8. 
When responding to a request, the Borough is not required to create a record when one does not exist, nor is the Borough required to compile, maintain, format or organize a record in a manner which the Borough does not currently use.
9. 
The Borough shall post on its official website, if it has one or later creates one, and at the Borough offices, contact information for the Borough's Open Records Officer, contact information for the Pennsylvania Office of Open Records, the form to be used to file a request, and a copy of this policy.
[Res. 2016-12, 11/16/2016]
1. 
Upon receipt of a written request for access to a public record, the Borough shall make a good faith effort to respond as promptly as possible under the circumstances existing at the time of the request and in accord with the provisions of the law. The response shall not exceed five business days from the date of the written request. The failure of the Borough to respond in the designated time frame shall be deemed a denial of the request unless one the following exceptions apply:
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 he accomplished due to legitimate staffing limitations;
D. 
A legal review is necessary;
E. 
The requester did not comply with the law's requirements and/or the Borough's policies regarding public access;
F. 
The requester refuses to pay the applicable fees; or
G. 
The extent or nature of the request precludes a response within the required time period.
2. 
In the event of one or more of the above exceptions, the Borough 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 above five-day period, the request is deemed denied unless otherwise agreed to by the requester in writing.
3. 
If the request for access to records is not in the form of a written request, the requester shall not be able to pursue the relief and remedies proving for in the law.
[Res. 2016-12, 11/16/2016]
1. 
If the request is denied, the following shall be included with the denial:
A. 
Description of the record requested;
B. 
Specific reasons for the denial, including a citation of supporting legal authority;
C. 
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. 
Date of response; and
E. 
Appeal procedure.
[Res. 2016-12, 11/16/2016]
1. 
If the request is denied or deemed denied, the requester may file an appeal under the Pennsylvania Right-to-Know Law[1] within 15 business days of the mailing date of the Borough's response or deemed denial. The appeal shall proceed in accordance with the Pennsylvania Right-to-Know Act.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
2. 
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 Borough for denying or delaying the request.
[Res. 2016-12, 11/16/2016]
The fee schedule for information and/or record requests shall be set forth in the fee schedule attached hereto, marked Exhibit "A" and expressly made a part hereof.[1] This fee schedule comports with the Fee Schedule established by the Commonwealth's Open Records Office. For those fees not set by said Office, then by the Borough's current Fee Resolution.
[1]
Editor's Note: Exhibit "A" is on file in the Borough offices.