[Adopted 12-15-2008 by Res. No. 545]
This policy shall govern all requests made for access to open/public
records of the Township of Upper Pottsgrove (hereinafter "Township").
The purpose of this policy is to assure compliance with Act
3 of 2008, the Pennsylvania Right-to-Know Law, as amended; to provide
access to public records of Upper Pottsgrove Township; to preserve
the integrity of Upper Pottsgrove Township's records; and to
minimize the financial impact to residents of the Township regarding
resources utilized in the receipt and processing of public record
requests and the retrieval and copying of public records.
Jack P. Layne, Jr., the Township Manager, is hereby designated
as the Open Records Officer, responsible for assuring compliance with
the Pennsylvania Right-to-Know Law, in accordance with the guidelines
set forth in this policy. In addition, the Open Records Officer may
designate certain employees to process public record requests. It
is the duty and goal of the Open Records Officer to minimize, where
possible, the financial impact to the Township regarding the resources
utilized in the receipt and processing of public record requests and
the retrieval and copying of all public records.
Oral or verbal requests for access to public records may be
honored by the Open Records Officer so long as that verbal or oral
request for access to records is made directly to the Open Records
Officer. However, if a requester wishes to pursue the relief and remedies
provided for in the Pennsylvania Right-to-Know Law, the request for
access to records must be in writing.
Written requests for access to public records of the Township
shall be addressed to the Open Records Officer and shall be specific
in identifying and describing each public record requested. The identification
or description of the records should be with such sufficient specificity
so that the record can be located without speculation as to the record
being sought.
A. All requests for public records shall be submitted in writing and
include the date of the request, the requester's name, address,
telephone number, and email address, certification of United States
residency, the signature of the requester and, if duplication is requested,
appropriate payment.
B. In no case shall the Township 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 Township does not concurrently
compile, maintain, format or organize the public record.
If access to the public record requested is approved, the public
record shall be available for access during regular business hours
at the Upper Pottsgrove Township Building, 1409 Farmington Avenue,
Pottstown, Pennsylvania 19464, unless the Open Records Officer designates
an alternative location where the records can be reviewed. Inspections
shall be made between 8:30 a.m. and 4:30 p.m. during any weekday,
Monday through Friday, except public holidays or days when the Township
building is not otherwise, generally, available and open for business.
A. The Open Records Officer or designated employee shall cooperate fully
with the requester while also taking reasonable measures to protect
the Township's public records from the possibility of theft and/or
modification. The presence of a designated employee is required when
public records are examined and inspected.
If the request is deemed denied or denied:
A. The requester may file an appeal with the Commonwealth Office of
Open Records (COOR) within 15 days of the mailing date of the Township's
notice of denial or within 15 days of the 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.
B. Within 30 days of the mailing date of the final determination of
the appeals officer of the COOR, the requester or Township may petition
for review or other relief, as required by the rules of the Court
of Common Pleas for Montgomery 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 issued.