[HISTORY: Adopted by the Borough Council
of the Borough of Tullytown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-5-2008 by Ord. No. 321]
The purpose of this policy is to assure compliance
with Act 3 of 2008, The Pennsylvania Right-to-Know Law,[1] as amended; to provide access to public records of Tullytown
Borough; to preserve the integrity of Tullytown Borough's records;
and to minimize the financial impact to the residents of the Borough
regarding the resources utilized in the receipt and processing of
public record requests and the retrieval and copying of public records.
[1]
Editor's Note: See 65 P.S. § 67.101
et seq.
It is the policy of the Borough to require the
presence of a designated employee when public records are examined
and inspected and to charge reasonable fees for duplication of public
records of the Borough. Tullytown Borough designates the Borough Manager
as the Open Records Officer, responsible for assuring compliance with
the Pennsylvania Right-to-Know Law,[1] in accordance with the following guidelines:
A.
The Borough Coordinator is designated and appointed
as the Open Records Officer for requests made to the administrative,
nonpolice operations of the Borough.
[Amended 4-1-2014 by Ord. No. 357]
B.
The Chief of Police is designated and appointed as
the Open Records Officer for all requests made to the Borough of Tullytown
relating police operations.
[Amended 4-1-2014 by Ord. No. 357]
C.
All requests for public records of the Borough under
this policy shall be specific in identifying and describing each public
record requested. In no case shall the Borough be required to create
a public record which does not 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.
All requests for public records shall be submitted in writing and
include the date of the request; requestor's name, address and telephone
number; certification of United States residency; signature of requestor;
and, if duplication is requested, appropriate payment.
D.
The appropriate designated Open Records Officer as
authorized above shall make a good faith effort to determine whether
each record requested is a public record.
[Amended 4-1-2014 by Ord. No. 357]
E.
The Borough shall facilitate a reasonable response
to a request for Tullytown Borough's public records. In no case is
the Borough expected to provide extraordinary staff to respond to
the request, but will respond in a manner consistent with the Borough's
administrative responsibilities and consistent with the requirements
of the Pennsylvania Right-to-Know Law.[2]
[2]
Editor's Note: See 65 P.S. § 67.101
et seq.
F.
The appropriate Open Records Officer shall respond
to the requestor within five business days from the date of the written
request. If the Borough does not respond within five business days
of receipt thereof, the request is deemed denied.
[Amended 4-1-2014 by Ord. No. 357]
H.
If access to the public record requested is approved,
the public record shall be available for access during the regular
business hours of the Borough. The appropriate Open Records Officer
shall cooperate fully with the requestor, while also taking reasonable
measures to protect Borough public records from the possibility of
theft and/or modification. The presence of an appropriate Open Records
Officer is required when public records are examined and inspected.
[Amended 4-1-2014 by Ord. No. 357]
I.
Fees for duplication of public records shall be as
established by the Commonwealth's Office of Open Records. The Borough
may, at its discretion, waive fees.
J.
In the event the estimated cost of fulfilling a request
submitted under this policy is expected to exceed $100, the appropriate
Open Records Officer(s) shall obtain the expected cost in advance
of fulfilling the request to avoid unwarranted expense of Borough
resources.
[Amended 4-1-2014 by Ord. No. 357]
K.
If the request is being reviewed, the notice provided
by the Borough shall be in writing and include the reason for the
review and the expected response date, which shall be within 30 days
of the notice of review. If the Borough does not respond within 30
days thereof, the request is deemed denied.
(1)
Review of the request is limited to situations where:
(a)
The record requested contains information which
is subject to access, as well as information which is not subject
to access, that must be redacted prior to a grant of access. The redacted
information is considered a denial as to that information;
(b)
The record requires retrieval from a remote
location;
(c)
A timely response cannot be accomplished due
to staffing limitations;
(d)
A legal review is necessary to determine whether
the record requested is a public record;
(e)
The requestor has failed to comply with the
Borough's policy and procedure requirements;
(f)
The requestor refuses to pay the applicable
fees; or
(g)
The extent or nature of the request precludes
a response within the required time period.
(2)
Upon a determination that one of the factors listed
above applies, the Borough shall send written notice to the requestor
within five business days of receipt of the request for access. The
notice shall include a statement notifying the requestor that the
request for access is being reviewed, the reason for the review, a
reasonable date that a response is expected to be provided and an
estimate of applicable fees owed when the record becomes available.
If the date that a response is expected to be provided is in excess
of 30 days following the five business days allowed for, the request
for access shall be deemed denied, unless the requestor has agreed,
in writing, to an extension to the date specified in the notice. If
the requestor agrees to the extension, the request shall be deemed
denied on the day following the date specified in the notice, if the
agency has not provided a response by that date.
M.
If the request is denied or deemed denied, the requestor
may file an appeal with the Commonwealth's Office of Open Records
within 15 business days of the mailing date of the Borough's notice
of denial, or within 15 days of a deemed denial. The appeal shall
state the grounds upon which the requestor asserts that the record
is a public record and shall address any grounds stated by the agency
for delaying or denying the request.
N.
Within 30 days of the mailing date of the final determination
of the appeals officer, the requestor or Borough may file a petition
for review or other document as required by rule of court with the
Court of Common Pleas for Bucks County. The decision of the Court
shall contain findings of fact and conclusions of law based upon the
evidence as a whole. The decision shall clearly and concisely explain
the rationale for the decision. A petition for review under this section
shall stay the release of documents until a decision is issued.
O.
This policy shall be available for review at the Borough
offices.
[1]
Editor's Note: See 65 P.S. § 67.101
et seq.
