[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
There is hereby established an Administrative Code for the government
of the Township of Ferguson, Pennsylvania, a home rule municipality,
pursuant to its Home Rule Charter and the laws of the Commonwealth
of Pennsylvania. Said Administrative Code defines the responsibilities
of such municipal departments, offices, and agencies as the Board
of Supervisors deems necessary for the proper and efficient conduct
of municipal affairs.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
The performance of functions pursuant to the provisions of this
Administrative Code shall be deemed and held to constitute a continuation
of the performance of previous functions for the purpose of succession
to all rights, powers, duties, and obligations attached to such functions.
Any proceedings or other business undertaken or commenced prior to
the effective date of this Administrative Code may be conducted and
completed by the Township officer or administrative unit responsible
therefor under the Home Rule Charter or this Administrative Code.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
and as amended by Ord. 653, 6/3/1996, § 1]
1.
Departments of Government. In accordance with Article VI of the Home Rule Charter, administrative departments are hereby established as designated in departments of government in this Administrative Code. During any transitional period after the date of adoption of this Administrative Code and prior to the actual establishment of the designated administrative departments, the Township Manager, or an officer designated by him/her, shall carry out the duties and responsibilities assigned to the administrative departments.
2.
Members of Boards and Commissions. The terms of all members of the
following boards and commissions in existence prior to the adoption
of this Administrative Code shall continue upon the adoption of this
Administrative Code: Zoning Hearing Board, Planning Commission, Tax
Review Board, Noise Advisory and Appeals Board.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
as amended by Ord. 726, 4/5/1999, § 2; by Ord. 767, 1/2/2001,
§ 2; and by Ord. 1030, 4/17/2017]
The provisions of this Administrative Code shall not be deemed
to affect the organization, authority, powers, duties or obligations
of the University Area Joint Authority, as created August 10, 1964,
pursuant to an ordinance of the Board of Supervisors of the Second
Class Township of Ferguson, the Centre Region Parks and Recreation
Authority, as created January 13, 1970, pursuant to an ordinance of
the Board of Supervisors of the Second Class Township of Ferguson,
and the Ferguson Township Industrial and Commercial Development Authority,
as created November 28, 1978, pursuant to an ordinance of the Board
of Supervisors of the Home Rule Municipality of the Township of Ferguson,
which shall continue to exist and function under the provisions of
their Articles of Incorporation and the laws of the Commonwealth of
Pennsylvania.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
The provisions of this Administrative Code shall be construed
broadly in favor of the Township of Ferguson within the limitations
of its Home Rule Charter and the laws of the Commonwealth of Pennsylvania.
Any specific mention of particular functions, authorities, powers,
and duties in this Administrative Code shall not be construed in any
way as limiting the general powers of the Board of Supervisors or
of the Township Manager as set forth in the Home Rule Charter, in
providing for the most efficient and beneficial administration of
government for the Township of Ferguson.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989;
as amended by Ord. 820, 12/8/2003; by Ord. 882, 6/4/2007, §§ 1-3;
by Ord. 913, 12/8/2008; and by Ord. 986, 5/5/2014]
1.
Purpose. The purpose of this policy is to assure compliance with
Act 3 of 2008, the Pennsylvania Right-to-Know Law, as amended; to
provide access to public records of Ferguson Township, to preserve
the integrity of Ferguson Township's records, and to minimize the
financial impact to the residents regarding the resources utilized
in the receipt and processing of public record requests and the retrieval
and copying of public records.
2.
Public Records.
A.
A "public record" is defined as any record, including financial records,
of a commonwealth or local agency that is not exempt under § 708
of Act 3 of 2008, is not exempt from being disclosed under any other
federal or state law or regulation or judicial order or decree, or
is not protected by a privilege.
B.
Records are information, regardless of physical form or characteristics,
that document a transaction or activity of an agency and that is created,
received or retained pursuant to law or in connection with a transaction,
business or activity of the agency. The term includes a document,
paper, letter, map, book, tape, photograph, film or sound recording,
information stored or maintained electronically and a data-processed
or image-processed document.
3.
Inspection. Public records are open to inspection and for duplication
during normal office hours, except for holidays, subject to the regulations
set forth herein.
4.
Open Records Officer.
A.
The Township Manager and Chief of Police are designated as Right-to-Know
Officers. The Township Manager shall fulfill the responsibilities
of Right-to-Know Officer for all departments except for the Police
Department which shall be fulfilled by the Chief of Police. The designated
"Right-To-Know Officer" shall designate certain employee(s) to process
public record requests. The Ferguson Township Manager is responsible
for minimizing, where possible, the financial impact to Ferguson Township
regarding the resources utilized in the receipt and processing of
public record requests and the retrieval and copying of public records.
B.
Upon receipt of a written open records request, the Ferguson Township
Manager, Chief of Police or his/her designee shall:
(1)
Note the date of receipt on the written request.
(2)
Compute the day on which the five-day period will expire and
make a notation of that date on the written request.
(3)
Maintain an electronic or paper copy of a written request, including
all documents submitted with the request, until the request has been
fulfilled. If the request is denied, the written request shall be
maintained for 30 days or, if an appeal is filed, until a final determination
is issued or the appeal is deemed denied.
5.
Open Records Request. A written request for access to records may
be submitted in person, by mail, by e-mail, by facsimile or provided
by way of the Township's or the commonwealth's Right-To-Know Request
Form. A written request must be addressed to either the Ferguson Township
Manager, Chief of Police or the Ferguson Township Right-To-Know Officer.
All employees who receive a request shall immediately forward requests
for records to the Township Manager, Chief of Police or designee.
Regardless of the form received, no employee other than the Right-To-Know
Officer or his/her designee shall determine if the request is in its
proper form. A written request should identify or describe the records
sought with sufficient specificity to enable the Township to ascertain
which records are being requested and should include the name and
address to which the Township should address its response. An anonymous
request places the onus on the requestor to return to the Township
office in a timely manner to pick up the response. A written request
need not include any explanation of the requestor's reason for requesting,
or intended use of, the records, unless otherwise required by law.
6.
Redaction. While Ferguson Township will disclose public records subject
to access, Ferguson Township is not required to synthesize, compile,
maintain, format, or organize records in response to a request. When
a public record exists, Ferguson Township will separate and exclude
any records which are not public records or which are otherwise excluded
or exempted from the definition of public records. If information
which is not subject to access is an integral part of a public record
and cannot be separated, Ferguson Township shall redact from the public
record the information which is not subject to access, and the response
shall grant access only to the information which is subject to access.
7.
Response. Within five business days from the date the request is
received, Ferguson Township will (A) provide the records requested;
(B) deny the request by notifying the requestor in writing: or (C)
send a written notice that the records cannot be provided within the
five business days. If it is determined that the request cannot be
honored within the five days, a notice will be issued specifying a
date when the records may be expected, but in no case will the time
be longer than 30 additional days. If no response is made within the
five business days of receipt of written request, the request shall
be deemed denied.
8.
Fees. A request for copies of public records or information produced
therefrom must be accompanied by payment of fees to cover the direct
costs of duplication if the cost of duplication is estimated to be
$100 or more. Reasonable fees to cover direct costs incurred by Ferguson
Township may be charged, as set by the Pennsylvania Office of Open
Records.
9.
Denials. If Ferguson Township denies a written request for information,
whether in whole or in part, a written response will be sent by the
Right-To-Know Officer to the requestor with (A) a description of the
record requested, (B) the specific reasons for denial, including a
citation of supporting legal authority, (C) contact information for
the Right-To-Know Officer, (D) date of response, and (E) procedure
to appeal the denial.
10.
Appeals.
A.
Requestors receiving a denial either in part or whole of a submitted
request have the right to appeal that denial of information in writing
to the Appeals Office, c/o Executive Director, Office of Open Records,
Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg,
PA 17120, for a review. Requestors appealing a denial of Police Department
criminal investigative records have the right to appeal that denial
of information in writing to the Centre County District Attorney,
Centre County Courthouse, Room 404, Bellefonte, PA 16823-1488.
B.
Within 30 days of the mailing date of the final determination of
the appeals officer, a requestor or Ferguson Township may file a petition
for review as required by rule of court with the Centre County Court
of Common Pleas. The decision of the court shall contain findings
of fact and conclusions of law based upon evidence as a whole. The
decision shall clearly and concisely explain the rationale for the
decision. A petition for review shall stay the release of documents
until a decision is issued.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
The Manager may designate in writing an employee of the Township
to exercise the duties of the Manager during a temporary absence or
disability of the Manager, subject to the approval of the Board of
Supervisors. During such absence or disability, the Board of Supervisors
may revoke such designation at any time and appoint another individual
to serve until the Manager shall return or the disability shall cease.
