[HISTORY: Adopted by the Borough Council
of the Borough of New Hope 1-16-2009 by Ord. No. 2009-01. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "New Hope Borough Open Records Ordinance."
The purpose of this chapter is to comply with
and advance the policies set forth in the Pennsylvania Right-to-Know
Law, 65 P.S. § 67.101, as amended. The policies are those
set forth in the Pennsylvania Right-to-Know Law and include, but are
not limited to, the following:
A.
Provide access to the public records of New Hope Borough;
B.
Preserve the integrity of New Hope Borough's records;
and
C.
Minimize the financial impacts to the residents and
businesses of New Hope Borough regarding the resources utilized in
the receipt and processing of requests for public records and the
retrieval and copying of public records.
A.
In accordance with Section 502 of the Pennsylvania
Right-to-Know Law,[1] New Hope Borough is required to designate a New Hope Borough employee as the Open Records Officer of New Hope Borough. Subject to the provisions of Subsection B below, the Borough Manager is hereby designated as the Open Records Officer of New Hope Borough, responsible for ensuring compliance with the provisions of this chapter and the Pennsylvania Right-to-Know Law.
[1]
Editor's Note: See 65 P.S. § 67.502.
B.
The Borough Manager shall direct all requests for
records related to the New Hope Borough Police Department to the New
Hope Borough Police Chief. The New Hope Borough Police Chief, or his
designee within the Police Department, shall perform all duties and
obligations required of the Open Records Officer under this chapter
and the applicable provisions of the Pennsylvania Right-to-Know law
regarding all requests for records regarding the New Hope Borough
Police Department. For non-Police Department records, the Borough
Manager may designate other New Hope Borough employees or agents to
act as the Open Records Officer in the Borough Manager's absence or
at the Borough Manager's direction.
A.
The Open Records Officer or a designee thereof shall
receive all requests for records, direct all requests to the other
appropriate person(s) in New Hope Borough or the appropriate person
at another agency, shall track New Hope Borough's progress in responding
to the request, and shall issue interim and final responses under
this chapter and the Pennsylvania Right-to-Know Law.
B.
Upon receiving a request for a record, the Open Records
Officer or designee thereof shall do all of the following:
(1)
Note the date of receipt of the completed request
on the written request itself.
(2)
Compute the day on which the five-business-day-period under § 27-5A of this chapter 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 a 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.
C.
The Open Records Officer or a designee thereof shall
be present when all public records are inspected and examined.
D.
The Open Records Officer shall be responsible for
charging reasonable fees consistent with this chapter for the duplication
of the public records of New Hope Borough.
E.
The Open Records Officer is authorized to and shall
minimize where possible the financial impact to New Hope Borough regarding
the resources utilized in the receipt and processing of public record
requests and the retrieval and copying of public records.
F.
All requests for public records of New Hope Borough
pursuant to this chapter shall be specific in identifying and describing
with sufficient detail each public record requested. In no case shall
New Hope 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 New Hope Borough does not compile, maintain,
format or organize the public record.
G.
All requests for public records shall be submitted
in writing, preferably on a form approved by the Pennsylvania Office
of Open Records. All requests shall include the date of the request;
the requester's name, address and telephone number; certification
of United States residency; signature of the requester; and if duplication
is requested, the appropriate payment.
H.
The Open Records Officer, or designee thereof, shall
make a good faith effort to determine whether each record requested
is a public record.
I.
New Hope Borough shall facilitate a reasonable response
to a request for New Hope Borough's public records in accordance with
the provisions of this chapter. In no case or instance shall the Borough
be expected to provide extraordinary staff to respond to a request,
but will respond in a manner consistent with this chapter, New Hope
Borough's administrative responsibilities and capabilities, and consistent
with the requirements of the Pennsylvania Right-to-Know Law, as amended.
A.
The Open Records Officer or designee thereof shall
respond to the requester within five business days from the receipt
of a complete written request. If a response of any kind is not provided
within five business days of receipt of a complete written request,
the request is deemed denied.
C.
If access to the public record is approved, the public
record shall be available for access during New Hope Borough's regular
business hours. The Open Records Officer or designee thereof shall
cooperate fully with the requester, while also taking reasonable measures
to protect New Hope Borough public records from the possibility of
theft and/or modification. The presence of a designated employee is
required and mandatory when public records are examined and/or inspected.
D.
If the request for a public record is being reviewed,
the notice provided by New Hope Borough shall be in writing and shall
include the reason for the review and the expected response date,
which shall be within 30 days of the notice of review. If New Hope
Borough does not respond within the aforementioned 30 days, the request
is deemed denied. Review of the request is limited to the following
situations:
(1)
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;
(2)
The record requires retrieval from a remote location;
(3)
A timely response cannot be accomplished due to staffing
limitations;
(4)
A legal review is necessary to determine whether the
record requested is a public record;
(5)
The requester has failed to comply with New Hope Borough's
policy and procedure requirements for requesting a record;
(6)
The requester refuses to pay the applicable fees;
or
(7)
The extent or nature of the request precludes a response
within the required time period.
E.
Upon a determination that one of the factors identified in Subsection D(1) through (7) inclusive applies, New Hope 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 New Hope Borough has not provided a response by that date.
F.
If the request is denied or deemed denied, the requester
may file an appeal with the Pennsylvania Office of Open Records within
15 business days of the mailing date of New Hope Borough's notice
of denial, or within 15 business 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
New Hope Borough for delaying or denying the request. The requester
shall also mail a copy of the appeal to New Hope Borough.
G.
Within 30 days of the mailing date of the final determination of the appeals officer assigned by the Pennsylvania Office of Open Records, the requester or New Hope Borough may file a petition for review (or other document as required by rule of court) with the Bucks County Court of Common Pleas for a review of the final determination. A petition for review filed under this Subsection G shall stay the release of documents until the Common Pleas Court issues a final decision.
A.
Fees for duplication of public records as set forth in this chapter shall be consistent with the rates established by the Pennsylvania Office of Open Records. New Hope Borough may waive fees, at the discretion of the Open Records Officer. The fees set forth in Subsection B are subject to any revisions issued by the Pennsylvania Office of Open Records. Such fees may be changed, and shall be changed where required, from time to time by resolution of Council that is consistent with revisions issued by the Pennsylvania Office of Open Records.
B.
Subject to the provisions of Subsection A above, the following fees are established for the duplication of public records:
(1)
Photocopies (either a single-sided copy or one side
of a double-sided black-and-white copy of a standard eight-and-one-half-by-eleven-inch
page): $0.25 per page.
(2)
Certification of a record: $1 per record (not per
page). Certification fees do not include notarization fees.
(3)
Specialized documents (for example, but not limited
to, blueprints, color copies, nonstandard sized documents): actual
cost.
(4)
Facsimile/microfiche/other media: actual cost.
(5)
Redaction fee: no redaction fee shall be imposed.
(6)
Conversion to paper: If a record is only maintained
in electronic or in other nonpaper media, duplication fees are limited
to the lesser of the fee for duplication on paper, or the fee for
duplication in the original media unless the requester specifically
requests for the record to be duplicated in the more expensive medium.
(7)
Postage fees: actual cost of mailing.
C.
Prepayment. In the event the estimated cost of fulfilling
a request submitted under this chapter is expected to exceed $100,
the Open Records Office or designee thereof shall obtain the expected
cost in advance of fulfilling the request to avoid the unwarranted
expense of New Hope Borough resources.