[Adopted 12-15-2008 by Res. No. 77-2008]
The words and phrases used in this policy shall
have the meanings given to them by 65 P.S. § 67.102, unless
the context clearly indicates otherwise.
It is the intent of the Township to declare
that all records are presumed to be public records unless the record
is exempt under Section 708 of the RTKL; the record is privileged; or the record is exempt from
disclosure under any other federal or state law or regulation or judicial
order or decree. All public records are available for inspection and/or
duplication in accordance with the RTKL, this policy and all applicable administrative regulations.
The Township recognizes that it is the Township's burden to prove
by preponderance of the evidence that the record is not a public record.
The Township's Manager is designated as the
Township's Open Records Officer and shall be responsible to:
A. Receive requests submitted to the Township under the
RTKL.
B. Direct requests to other appropriate persons within
the Township or to appropriate persons in another agency.
C. Track the Township's progress in responding to requests.
D. Issue interim and final responses under the RTKL.
E. Upon receipt of a request for a public record or financial
record, the Open Records Officer shall:
(1) Note the date of the receipt of a written request
on the written request.
(2) Compute the day on which the five-day period under
Section 901 of the RTKL 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 under Section 1101(b) of the
RTKL or the appeal is deemed denied.
(4) Create a log of all requests which shall include the
date of the request, the documents requested, the requester's name,
and the date the request was fulfilled or denied.
F. Ensure that the Township staff, employees, and elected
or appointed officials are adequately trained to perform the job functions
and to respond to requests for access to public records to the Open
Records Officer.
Nothing in this article shall be construed to
modify, rescind or supersede any record retention policy or disposition
schedule of the Township established pursuant to the Municipal Records
Act (53 Pa.C.S.A. § 1381 et seq.) or the rules and regulations
promulgated thereunder.