Borough of Coudersport, PA Chapter 63 Records, Access to

[HISTORY: Adopted by the Borough Council of the Borough of Coudersport 10-15-2003 by Res. No. 2003-19. Amendments noted where applicable.]

§ 63-1 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

BOROUGH

The Borough of Coudersport, Potter County, Pennsylvania.

COUNCIL

The Council of the Borough of Coudersport.

PUBLIC RECORDS

Any account, voucher or contract dealing with the receipt or disbursement of funds by the Borough of Coudersport or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by the Borough of Coudersport fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons; provided that the term "public records" shall not mean any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by the Borough of Coudersport in the performance of its official duties; it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the publication of which is prohibited, restricted or forbidden by statute, law or order or decree of court, or which would operate to the prejudice or impairment of a person's reputation or personal security, or which would result in the loss by the Borough of Coudersport of federal funds, excepting therefrom however the record of any conviction for any criminal act.

RECORD

Any document maintained by the Borough of Coudersport, in any form, whether public or not.

REQUESTER

A person who is a resident of the Commonwealth of Pennsylvania and requests a record pursuant to this chapter.

RESPONSE

Access to a record or the Borough's written notice granting, denying or partially granting and partially denying access to a record.

SECRETARY

The Secretary or Acting Secretary of the Borough of Coudersport.

§ 63-2 Procedure for access to public records of Borough.

A. General rule. Unless otherwise provided by law, a public record of the Borough of Coudersport shall be accessible for inspection and duplication by a requester in accordance with this chapter. A public record shall be provided to a requester in the medium requested if the public record exists in that medium; otherwise, it shall be provided in the medium in which it exists. Public records shall be available for access during the regular business hours of the Borough. Nothing in this chapter shall provide for access to a record which is not a public record.

B. Requests. The Borough will not fulfill verbal requests for access to records and anonymous requests for access to records. In the event that the requester wishes to pursue the relief and remedies provided for in The Right to Know Law,[1] the requester must initiate such relief with a written request. All requests for records must be in writing.

[1] Editor's Note: See 65 P.S. § 66.1 et seq.

C. Written requests. A written request for access to records may be received in person, by mail, by facsimile or by electronic means. A written request shall be addressed to the Secretary of the Borough of Coudersport, 201 South West Street, Coudersport, Pennsylvania, 16915. Written requests should identify or describe the records sought with sufficient specificity to enable the Borough to ascertain which records are being requested and shall include the name, address and phone number of the requester to which the Borough should address its response. The written request shall include a statement that the requester agrees to pay all fees as set forth in the Coudersport Borough policy regarding requests for public records and shall be signed by the requester. The requester may utilize record request forms provided by the Borough.[2] A written request need not include any explanation of the requester's reason for requesting or intended use of the records.

[2] Editor's Note: The form for requests for records is included at the end of this chapter.

D. Creation of a public record. When responding to a request for access the Borough shall not be required to create a public record which 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.

E. Conversion of an electronic record to paper. If a public record is only maintained electronically or in other non-paper media, the Borough shall, upon request, duplicate the public record on paper when responding to a request for access in accordance with this chapter.

§ 63-3 Denial based on intended use of record prohibited.

The Borough may not deny a requester access to a public record due to the intended use of the public record by the requester.

§ 63-4 Redaction.

If the Borough determines that a public record contains information which is subject to access, as well as information which is not subject to access, the Borough's response shall grant access to the information which is subject to access, and deny access to the information which is not subject to access. If the information which is not subject to access is an integral part of the public record and cannot be separated, the Borough shall redact from the public record the information which is not subject to access, and the response shall grant access to the information which is subject to access. The Borough may not deny access to the public record if the information, which is not subject to access, is able to be redacted. Information which the Borough redacts in accordance with this section shall be deemed a denial under § 63-5.

§ 63-5 Borough's response to written requests for access.

A. General rule. Upon receipt of a written request for access to a record, the Borough shall make a good faith effort to determine if the record requested is a public record and to respond as promptly as possible under the circumstances existing at the time of the request, but shall not exceed five business days from the date the written request is received by the Borough. If the Borough fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied.

B. Exception.

(1) Upon receipt of a written request for access, if the Borough determines that one of the following applies:

(a) The request for access requires redaction of a public record in accordance with § 63-4;

(b) The request for access requires the retrieval of a record stored in a remote location;

(c) A timely response to the request for access cannot be accompanied due to bona fide and specified staffing limitations;

(d) A legal review is necessary to determine whether the record is a public record subject to access under this chapter;

(e) The requester has not complied with the Borough's policies regarding access to public records; or

(f) The requester refuses to pay applicable fees.

(2) Then the Borough shall send written notice to the requester within 10 business days of its receipt of the request notifying the requester that the request for access is being reviewed, the reason for the review and a reasonable date that a response is expected to be provided. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed is Subsection A, the request for access shall be deemed denied.

(3) If the Borough's response grants a request for access, it shall, upon request, provide the requester with a certified copy of the public record if the requester pays the applicable fees pursuant to § 63-8.

C. Denial. If the Borough's response is a denial of a written request for access, whether in whole or in part, a written response shall be issued and include:

(1) A description of the record requested;

(2) The specific reason(s) for the denial, including a citation of supporting legal authority. If the denial is the result of a determination that the record requested is not a public record, the specific reasons for the Borough's determination that the record is not a public record shall be included.

(3) The typed or printed name, title, business address, business telephone number and signature of the public official or public employee on whose authority the denial is issued.

(4) Date of the response.

(5) The procedure to appeal the denial of access under this chapter.

§ 63-6 Final determination.

A. Filing of exceptions. If a written request for access is denied or deemed denied, the requester may file exceptions with the Council of the Borough of Coudersport within 15 business days of the mailing date of the 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.

B. Determination. Unless the requester agrees otherwise, the Council of the Borough of Coudersport or its designee shall make a final determination regarding the exceptions within 30 days of the mailing date of the exceptions. Prior to issuing the final determination regarding the exceptions, the Council of the Borough of Coudersport or its designee may conduct a hearing. The determination shall be the final order of the Borough. If the Council or its designee determines that the request for access was correctly denied, then the Borough shall provide a written explanation to the requester of the reason for the denial.

§ 63-7 Judicial appeal.

A. Within 30 days of a denial by the Borough under § 63-5C or of the mailing date of a final determination of the Borough affirming the denial of access, a requester may file a petition for review or other documents as might be required by rule of court with the Court of Common Pleas of Potter County or bring an action in the local magisterial district having jurisdiction.

B. Notice. The Borough shall be served notice of any court or other actions commenced and shall have an opportunity to respond in accordance with applicable court rules.

§ 63-8 Fees.

A. Postage. The Borough may impose a fee for postage, which may not exceed the actual prevailing cost of mailing.

B. Duplication. The Borough may impose fees for duplication of public records by photocopying, printing from electronic media or microfilm, copying onto electronic media, transmission by facsimile or other electronic means and other means of duplication, which fees shall be $0.25 per sheet or the prevailing fee for comparable duplication services provided by local business entities in the Potter County area.

C. Certification. The Borough may impose a fee of $10 for official certification of copies if the certification is at the behest of the requester and for the purpose of legally verifying the public record.

D. Conversion to paper. If a public record is only maintained electronically or in other non-paper media, the Borough may impose fees, which shall be limited to $0.25 per paper page or the fee for duplication in the native media as provided by Subsection B unless the requester specifically requests for the public record to be duplicated in the more expensive medium.

E. Waiver of fees. The Borough may waive the fees for duplication of a public record, including, but not limited to, when:

(1) The requester duplicates the public record; or

(2) It deems it is in the public interest to do so.

F. Other fees/limitations. Except as otherwise provided by statute, no other fees may be imposed. A reasonable fee equal to the actual cost shall be imposed if the Borough, out of necessity, incurs costs not otherwise described in this chapter for complying with the request. However, the Borough recognizes it may not impose a fee for its review of a record to determine whether the record is a public record subject to access.

G. Prepayment. Prior to granting a request for access in accordance with this chapter, a requester shall prepay an estimate of the fees authorized under this section if the fees required to fulfill the request are expected to exceed $100. In no event will any public records or reports be released until requester first pays the Borough all fees due and payable.

§ 63-9 Amendments.

The Borough may adopt amendments to this chapter which are necessary to implement the provisions and purposes of the public Right to Know Law.

§ 63-10 Posting of chapter.

A copy of this chapter shall be conspicuously posted at the Borough's offices.