[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Editor's Note: This resolution specifically repealed Res.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.
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.
