[HISTORY: Adopted by the Board of Supervisors
of the Township of Kidder as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-18-2008 by Res. No. 2008-013]
A.
The Township hereby designates the position of Township
Manager as the Open Records Officer. The Township Assistant Secretary/Treasurer
will be the alternate Open Records Officer.
All documents deemed public records shall be
available for inspection, retrieval, and duplication at the Municipal
Building during established business hours, 8:00 a.m. to 4:00 p.m.,
with the exception of weekends and holidays.
Requests shall be made in writing to the Township
Open Records Officer on a form provided by the Township.
A.
Paper copies shall be $0.25 per page per side.
B.
The certification of a record is $1 per record.
C.
Specialized documents, including, but not limited
to, blueprints, color copies, and non-standard-sized documents, shall
be charged the actual cost of production.
D.
If mailing is requested, the cost of postage will
be charged.
E.
The Township shall require prepayment if the total
fees are estimated to exceed $100.
A.
The Township shall make a good-faith effort to provide
the requested public record(s) as promptly as possible. The Open Records
Officer shall cooperate with those requesting records to review and/or
duplicate original Township documents while taking reasonable measure
to protect Township documents from the possibility of theft, damage,
and/or modification.
B.
The Open Records Officer shall review all written
requests for access to public records. As soon as possible, but no
later than five business days after receiving a written request to
access public records, the Open Records Officer shall respond to such
requests in writing consistent with Act 3 of 2008, the Right-to-Know
Law.[1]
[1]
Editor's Note: See 65 P.S. § 67.101
et seq.
C.
If access to a record is denied, the response shall
include a reason for denial as stipulated in Act 3 of 2008, the Right-to-Know
Law.
A.
If a written request is denied or deemed denied, the
requester may file an appeal, in writing, to Terry Mutchler, Executive
Director, Office of Open Records, Commonwealth Keystone Building,
400 North Street, Plaza Level, Harrisburg, PA 17120-0225.
B.
Appeals of criminal records shall be made to the District
Attorney of Carbon County, Carbon County Courthouse, Hazard Square,
PO Box 36, Jim Thorpe, PA 18229. The telephone number is 570-325-2718.
The appeal shall be filed within 15 business
days of the mailing date of the Township's response or within 15 business
days of a deemed denial. The appeal shall state the grounds upon which
the requestor asserts the record is a public record and shall address
any grounds stated by the Township for delaying or denying the request.