[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury 12-12-2002 by Res. No. 2002-67 (Ch. 1, Part 12, of the 2003 Code). Amendments noted where applicable.]
The purpose of this policy is to establish consistent procedures to ensure the proper access to Township records in conformance with Pennsylvania law and the proper administration of Township business.
The Pennsylvania Right to Know Law (Act 390 of 1957, as amended by Act 100 of 2002) (the “Act”) requires that public records kept by Springettsbury Township and its agencies be available for review as authorized by law.
This policy shall be applicable to all Springettsbury Township departments, boards and commissions, and related agencies.
Requests. Public records will be available for inspection and copying at the Springettsbury Township Municipal Building during normal business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m., with the exceptions of holidays. Requests shall be in writing and directed to the Township Manager at the Springettsbury Township Municipal Building, 1501 Mt. Zion Road, York, Pennsylvania 17402. Written requests shall be on a form provided by the Township and shall include the date of the request, the name and address of the requester and a clear description of the records sought. The Township will accept either an original form or a fax duplicate.
[Amended 12-11-2003 by Ord. No. 2003-18]
A. 
The Township reserves the right to charge fair and reasonable fees for services provided in response to a request for public records. Fees shall be in an amount as established, from time to time, by resolution of the Board of Supervisors.
B. 
The Township will provide each requestor with an estimate of anticipated fees and costs. The Township reserves the right to require payment in advance if the estimated charges to fulfill the request exceeds $100 and all charges shall be paid in full prior to releasing the documents for examination, inspection or copying.
C. 
Upon request, fees may be waived by the Township Manager.
A. 
The Township will make a good faith effort to provide the requested public records as promptly as possible. Township employees shall cooperate with those requesting records to review and/or duplicate original Township documents while taking reasonable measures to protect Township documents from the possibility of theft and/or modification.
B. 
The Township Manager shall review all of the documents requested prior to allowing the requestor to review the documents to ensure that confidential information, as defined by the Act or other law or regulation, is removed from public viewing. The Township may provides minutes, resolutions, ordinances, audit reports, approved budget documents, legal advertisements and contracts to the requestor without a prior review by the Township Manager.
C. 
If the requestor is seeking records that are not proprietary to the Township, the Township Manager may refer the requestor to the appropriate sources of the creator of the record and will make an effort to provide referral information.
D. 
As soon as possible, but no later than five business days after receiving a written request to access public records, the Township Manager shall respond to all such requests in a manner consistent with Act 100 of 2002, the Right to Know Law. A public records request is deemed to be received when a completed request form is received by the Township, along with the payment of required fees for the request.
E. 
The Township will not permit any person to review any document in a manner that does not provide for the physical security of said document.
A. 
If a written request is denied or deemed to be denied, the requestor may file exceptions with the Board of Supervisors within 15 business days of the mailing date of the Township's denial or within 15 days of a deemed denial. The exceptions shall state grounds on which the requestor asserts that the record is a public record and shall address any grounds stated by the Township for delaying or denying the request.
B. 
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 requestor of the reason for the denial.
C. 
The requestor may appeal a final determination to the Court of Common Pleas of York County or district justice within 30 days of denial or final determination.
This policy may be affected by the Retention and Disposition Schedule for Records of Pennsylvania Municipalities, as promulgated by the Pennsylvania Historical and Museum Commission, as well as other state and federal laws and regulations pertaining to public record retention and disposition schedule.