[HISTORY: Adopted by the Borough Council
of the Borough of Danville 12-9-2008 by Res. No. 120908. Amendments noted where
applicable.]
The following words and phrases when used in
this chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Act 3 of 2008.[1]
The person or persons assigned by the DCED's Office of Open
Records to hear an appeal from the Borough's decision on a request
for a record.
The Borough of Danville.
The Council of the Borough of Danville.
The Finance Officer shall serve as the Open Records Officer
in the absence of the Open Records Officer.
The Borough Secretary shall be the open records officer for
the Borough of Danville. As such, the Secretary shall receive requests
submitted to the Borough under the Act, direct requests to other appropriate
persons within the Borough; track the Borough's progress in responding
to requests and issue interim and final responses under the Act. The
Chief of Police shall be the open records officer for all records
dealing with law enforcement activities. As such, the Chief shall
receive requests for law enforcement records under the Act; direct
requests to other appropriate persons; track the Borough's progress
in responding to requests and issue interim and final responses under
the Act.
Any record, except those expressed in Section 708 of the
Act, of the Borough of Danville.
Any document maintained by the Borough of Danville, in any
form, whether public or not.
Any person, company or organization requesting a record from
the Borough of Danville pursuant to the Act.
The Borough's written notice granting, denying, or partially
granting or partially denying, access to a record pursuant to the
Act.
The Secretary or acting Secretary of the Borough of Danville.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
A.
General rule. Unless otherwise provided by the Act,
a public record of the Borough of Danville shall be accessible for
inspection and duplication by a requester in accordance with this
chapter. A public record shall be provided to a requester in the medium
requested if the public record exists in that medium; otherwise, it
shall be provided in the medium in which it exists. Public records
shall be available for access during the regular business hours of
the Borough. There shall be no access to a record which is not a public
record.
B.
Requests. The Borough will fulfill verbal requests
for access to records. However, in the event that the requester wishes
to pursue the relief and remedies provided for in the Act, the requester
must initiate such relief with a written request on the form provided
by the Borough. A standard request form is attached to this Policy.
C.
Written requests. A written request for access to
records may be received in person, by mail, by facsimile or by electronic
means. A written request shall be addressed to the Secretary of the
Borough of Danville, 239 Mill Street, Danville, Pennsylvania, 17821.
Written requests should identify or describe the records sought with
sufficient specificity to enable the Borough to ascertain which records
are being requested and shall include the name and address to which
the Borough should address its response. A written request need not
include any explanation of the requester's reason for requesting or
intended use of the records.
D.
Creation of a public record. When responding to a
request for access, the Borough shall not be required to create a
public record which does not currently exist or to compile, maintain,
format or organize a public record in a manner in which it does not
currently compile, maintain, format or organize the public record.
E.
Conversion of an electronic record to paper. If a
public record is only maintained electronically or in other non-paper
media, the Borough shall, upon request, duplicate the public record
on paper when responding to a request for access in accordance with
this chapter.
A.
Use. The Borough shall not deny a requester access
to a public record due to the intended use of the public record by
the requester.
B.
Redaction. If the Borough determines that a public
record contains information which is subject to access as well as
information which is not subject to access, the Borough's response
shall grant access to the information which is subject to access,
and deny access to the information which is not subject to access.
If the information which is not subject to access is an integral part
of the public record and cannot be separated, the Borough shall redact
from the public record the information which is not subject to access
and the response shall grant access to the information which is subject
to access. The Borough may not deny access to the public record if
the information which is not subject to access is able to be redacted.
Information which the Borough redacts in accordance with this subsection
shall be deemed a denial.
C.
Borough's response to written requests for access.
(1)
General rule. Upon receipt of a written request for
access to a record, the Borough shall make a good faith effort to
determine if the record requested is a public record and to respond
as promptly as possible under the circumstances existing at the time
of the request, but shall not exceed five business days from the date
the written request is received by the Borough. If the Borough fails
to send the response within five business days of receipt of the written
request for access, the written request for access shall be deemed
denied.
(2)
Exception:
(a)
Upon receipt of a written request for access,
if the Borough shall determine if one of the following applies:
[1]
The request for access requires redaction of
a public record in accordance with Section 706 of the Act.
[2]
The request for access requires the retrieval
of a record stored in a remote location.
[3]
A timely response to the request for access
cannot be accompanied due to bona fide and specified staffing limitations.
[4]
A legal review is necessary to determine whether
the record is a public record subject to access under the Act.
[5]
The requester has not complied with the Borough's
policies regarding access to public records.
[6]
The requester refuses to pay applicable fees.
[7]
The extent or nature of the request precludes
a response within the required time period.
(b)
Upon a determination that one of the factors listed in Subsection A applies, then the Borough shall send written notice to the requester within five business days of its receipt of the request notifying the requester that the request for access is being reviewed, the reason for the review and a reasonable date that the response is expected to be provided. If the date that a response is expected to be provided is in excess of 30 days following the five business days allowed in Section 901 of the Act, the request for access shall be deemed denied.
(3)
Denial. If the Borough's response is a denial of a
written request for access, whether in whole or in part, a written
response shall be issued and include:
(a)
A description of the record requested.
(b)
The specific reason(s) for the denial, including
a citation of supporting legal authority. If the denial is the result
of a determination that the record requested is not a public record,
the specific reasons for the Borough's determination that the record
is not a public record shall be included.
(c)
The typed or printed name, title, business address,
business telephone number and signature of the public official or
public employee on whose authority the denial is issued and the name,
business address and business telephone number of the Open Records
Officer.
(d)
Date of the response.
(e)
The procedure to appeal the denial of access
under the Act.
D.
Final determination.
(1)
Filing of appeal. If a written request for access
is denied or deemed denied, the requester may file an appeal with
the Pennsylvania Department of Community and Economic Development's
(DECD) Office of Open Records, Keystone Building, 400 North Street,
Plaza Level, Harrisburg, PA 17120-0225, within 15 business days of
the mailing date of the Borough's denial, or within 15 days of a deemed
denial. The Office of Open Records shall assign an Appeals Officer
to review the denial. The appeal shall state grounds upon which the
requester asserts that the record is a public record and shall address
any grounds stated by the Borough for delaying or denying the request.
All appeals dealing with law enforcement records shall be handled
pursuant to Section 503(d) of the Act.
(2)
Determination. Unless the requester agrees to an extension
of time, the Appeals Officer shall make a final determination regarding
the appeal within 30 days of the mailing date of the appeal. Prior
to issuing the final determination regarding the appeal, the Appeals
Officer may conduct a hearing. The determination shall be the final
order and the order shall be mailed to both the Borough and the appellant
and shall include a written explanation of the reason for the decision.
A.
Postage. The Borough may impose a fee for postage,
which may not exceed the actual prevailing cost of mailing.
B.
Duplication. The Borough may impose fees for duplication
of public records pursuant to Section 1307 of the Act for photocopying,
printing from electronic media or microfilm, copying onto electronic
media, transmission by facsimile or other electronic means and other
means of duplication.
C.
Certification. The Borough may impose a fee of $10
for official certification of copies if the certification is at the
behest of the requester and for the purpose of legally verifying the
public record.
E.
Other fees/limitations. Except as otherwise provided
by the Act, no other fees shall be imposed. A reasonable fee equal
to the actual cost shall be imposed if the Borough, out of necessity,
incurs costs not otherwise described in this chapter for complying
with the request. However, the Borough recognizes it may not impose
a fee for its review of a record to determine whether the record is
a public record subject to access.
F.
Prepayment. Prior to granting a request for access
in accordance with the Act, a requester shall prepay an estimate of
the fees authorized under this section if the fees required to fulfill
the request are expected to exceed $100.
A.
Although not required, it is preferred that the requester
provide up to 24 hours' notice of his/her visit to review records.
Because of the sensitivity and value of public records, the following
shall govern how records are reviewed and duplicated:
(1)
The Borough will provide space for the requester to
review the records.
(2)
The requester may not possess a briefcase, folder,
or other item capable of concealing a public record, while reviewing
the record(s)
(3)
If multiple files/records are requested, only one
file at a time may be opened.
(4)
Duplication, if requested, shall only occur in batches.
The Borough will provide the requester with flags to mark those records,
or portions of records, that he/she would like duplicated.
(5)
Only Borough employees shall duplicate records.
(6)
A Borough employee shall accompany and otherwise observe
the requester at all times.
B.
The Borough may adopt amendments to this chapter which
are necessary to implement the provisions and purposes of the public
Right-to-Know Law.
C.
Posting. A copy of this chapter shall be conspicuously
posted at the Borough's Offices.
