[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-1997 by Ord. No. 97-06]
The Borough of Dravosburg hereby declares its intention to follow the
schedules and procedures for disposition of public records as set forth in
the Municipal Records Manual approved on July 16, 1993, by the Local Governments
Records Committee, and pursuant to Act 428 of 1968, as amended by the Municipal
Records Act, 53 Pa.C.S.A. § 1381.
Pursuant to said declaration of intention, the Borough of Dravosburg
hereby authorizes and directs the Borough Secretary to dispose of public records
in accordance with the Municipal Records Manual approved on July 16, 1993,
by the Local Governments Record Committee, pursuant to Act 428 of 1968, as
amended by the Municipal Records Act, 53 Pa.C.S.A. § 1381.
Each individual act of disposition of public records by the Borough
of Dravosburg pursuant to this article, and as set forth in the Municipal
Records Manual approved by the Local Governments Record Committee on July
16, 1993, pursuant to Act 428 of 1968, as amended by the Municipal Records
Act, 53 Pa.C.S.A. § 1381 et seq., shall be approved by subsequent
resolution of the Council of the Borough of Dravosburg.
The proper officers of the Borough of Dravosburg are hereby authorized
and directed to take any and all action necessary to implement the terms and
provisions of this article, including the execution of any and all necessary
documents.
[Adopted 5-13-2003 by Ord. No. 03-06]
Any request or demand by a resident of the commonwealth for a public
record maintained by the Borough of Dravosburg in accordance with the Pennsylvania
Right-to-Know Law, Act of June 21, 1957, P.L. 390, No. 212,[1] as amended, shall be made in writing by the requester to the lawful
custodian of such records, who shall be the Secretary of the Borough of Dravosburg,
and no other official or employee. Any request or demand which is not in writing,
and is not directed to the Secretary of the Borough of Dravosburg, will not
be honored or complied with by the Borough.
[1]
Editor's Note: See 65 P.S. § 66.1 et seq.
A.
Any requests or demands for a public record by a resident of
the commonwealth pursuant to the Pennsylvania Right-to-Know Law to the Secretary
of the Borough of Dravosburg shall be responded to by the Secretary of the
Borough within five business days of the date of receipt of such request or
demand, absent the exceptions set forth in the Pennsylvania Right-to-Know
Law, as amended, but subject to the following schedule of fees and charges
for such public records, to be paid by the requester:
(1)
A fee as set from time to time by resolution of the Borough Council
shall be charged for all requests or demands for extracts, copies, photographs
or photostats of public records maintained by the Borough of Dravosburg pursuant
to the Pennsylvania Right-to-Know Law, which charge is intended to defray
the actual cost of providing such extracts, copies, photographs or photostats
by the Borough of Dravosburg, and which shall include, but not be limited
to, the time required for employees of the Borough of Dravosburg to make such
extracts, copies, photographs or photostats. Such fee, as set from time to
time by resolution of the Borough Council, shall be reasonable and based on
the prevailing fees for comparable services provided by local business entities.[1]
(2)
If the Secretary anticipates that the actual cost of
providing such copies, extracts, photographs or photostats of a public record
shall be less than $100, the Secretary shall require the resident of the commonwealth
to pay the actual cost for such extracts, copies, photographs or photostats
at the time of the delivery of said documents by the Borough. If the Secretary
anticipates that the actual cost of providing such extracts, copies, photographs
or photostats of a public record shall be $100 or more, the requester shall
be required to pay a deposit with the Borough in advance for the production
of such extracts, copies, photographs or photostats in the amount anticipated
or estimated by the Secretary to be the cost of such extracts, copies, photographs
or photostats. If the requester or demander fails to provide such deposit
as required by the Secretary in accordance with the provisions of this article,
then the Secretary shall not be required to produce such extracts, copies,
photographs or photostats for such requester or demander. The purpose of this
provision is to guarantee that the Borough will not spend any public money
in arranging for the production of such extracts, copies, photographs or photostats
and then have the requester or demander not pay for same.
(3)
A fee as set from time to time by resolution of the
Borough Council shall be charged for all extracts, copies, photographs or
photostats of public records maintained by the Borough which the requester
wants to be certified by the Borough Secretary and for the purpose of legally
verifying the public record.[2]
(4)
A fee for postage shall be charged to the requester for
mailing extracts, copies, photographs or photostats of public records maintained
by the Borough in the amount of the actual cost for such postage to be paid
by the Borough.
B.
If the Borough fails to send to the requester the response
required under this section within five business days of receipt of the written
request for access, the written request for access shall be deemed denied.
The Borough of Dravosburg shall have no legal obligation to any requester
to create a public record that does not currently exist, or to compile, maintain,
format or organize a public record in a manner in which the Borough does not
currently compile, maintain, format or organize the public record.
If a written request for access is denied by the Borough of Dravosburg,
or is deemed denied, the requester may file exceptions with the President
of Council of the Borough of Dravosburg within 15 days of the mailing date
of the Borough's response or within
15 days of a deemed denial. The exceptions shall state grounds upon which
the requester asserts that the record is a public record and shall address
any grounds stated by the Borough for delaying or denying the request.
The rules and regulations adopted herein by the Borough of Dravosburg
to implement the Pennsylvania Right-to-Know Law, or a copy of this article
itself, shall be posted by the Borough Secretary in a location available to
the public within the Dravosburg Municipal Building.
This article shall be immediately effective and shall apply to all current
requests for public records pursuant to the Pennsylvania Right-to-Know Law
by any resident of the commonwealth, and any future requests for such public
records, and shall further apply to any current requests that have not yet
been processed to completion by the Borough.
