[Adopted 11-11-2008 by Ord. No. 708[1]]
[1]
Editor's Note: This ordinance provided that
it shall take effect 1-1-2009.
The purpose of this policy is to assure compliance
with Act 3 of 2008, the Pennsylvania Right-to-Know Law, as amended;[1] to provide access to public records of Churchill Borough;
to preserve the integrity of Churchill 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 of 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. Churchill Borough designates the Borough Manager
as the Open Records Officer, responsible for assuring compliance with
the Pennsylvania Right-to-Know Law, in accordance with the following
guidelines:
A.
The Borough Manager may designate certain employee(s)
to process public record requests.
B.
The Borough Manager is responsible for minimizing,
where possible, the financial impact to the Borough regarding the
resources utilized in the receipt and processing of public record
requests and the retrieval and copying of public records.
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; requester's name, address and telephone
number; certification of United States residency; signature of requester;
and if duplication is requested, appropriate payment.
D.
The designated employee shall make a good faith effort
to determine whether each record requested is a public record.
E.
The Borough shall facilitate a reasonable response
to a request for Churchill 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.
F.
The designated employee shall respond to the requester
within five business days from the date of receipt of the written
request if the Borough does not respond within five business days
of receipt thereof, the request is deemed denied.
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 designated employee shall cooperate
fully with the requester, while also taking reasonable measures to
protect Borough public records from the possibility of theft and/or
modification. The presence of a designated employee is required when
public records we examined and inspected.
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 designated
employee(s) shall obtain the expected cost in advance of fulfilling
the request to avoid unwarranted expense of Borough resources.
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 requester has failed to comply with the
Borough's policy and procedure requirements; or
(f)
The requester refuses to pay applicable fees.
(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 requester
within five business days of receipt of the request for access. The
notice shall include a statement notifying the requester 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 requester has agreed,
in writing, to an extension to the date specified in the notice. If
the requester 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.
L.
If access to the record requested is denied, the notice
provided by the Borough shall be in writing as indicated on the form
attached hereto entitled "Denial of Request to Review and/or Duplicate
Churchill Borough Records."
M.
If the request is denied or deemed denied, the requester
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 requester 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 requester or Borough may file a petition
for review, or other document as required by rule of court, with the
Court of Common Pleas for Allegheny 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 reached.
O.
This policy shall be available for review at the Borough
office.
