[HISTORY: Adopted by the Borough Council
of the Borough of Conway as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-21-2009 by Ord. No. 524, approved 1-21-2009[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 38,
Records, Public Access To, adopted 7-16-2003 by Ord. No. 484, approved
7-16-2003.
A.
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.
The Borough of Conway designates the Borough Administrator as responsible
for assuring compliance with the Pennsylvania Right-to-Know Law, in
accordance with the following guidelines:
(1)
The Borough Administrator is hereby appointed as the Open Records
Officer and he/she may designate certain employee(s) to process public
record requests.
(2)
The Open Records Officer 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.
(3)
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 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 on a form provided by the
Borough, as attached hereto, entitled "Public Record Review/Duplication
Request" form.[1]
[1]
Editor's Note: Said form is included at the end of this chapter.
(4)
The designated employee shall make a good faith effort to determine
whether each record requested is a public record.
(5)
The Borough shall facilitate a reasonable response to a request for
Borough 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 Borough administrative responsibilities and
consistent with the requirements of the Pennsylvania Right-to-Know
Law.
(6)
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 day of receipt thereof,
the request is deemed denied.
(8)
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
are examined and inspected.
(9)
Fees for duplication of public records shall be as follows:
(a)
Photocopying: as established by resolution of the Borough or
by the Office of Open Records.
(b)
Duplication of public electronic and/or tape records: actual
cost to the Borough of duplicating the public record.
(c)
Certified copies: as established by resolution of the Borough
or by the Office of Open Records, or, in the absence of same, the
reasonable cost thereof.
(d)
Postage: actual cost to the Borough of mailing the public record.
(e)
Complex and extensive data sets: as established by resolution
of the Borough or by the Office of Open Records.
(f)
The Borough hereby resolves to adopt the Fee Schedule attached
hereto as Exhibit A.[2]
[2]
Editor's Note: Exhibit A is included at the end of this chapter.
(g)
The Borough may in its discretion waive fees.
(10)
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 50% of the expected cost in advance of fulfilling the
request to avoid unwarranted expense of Borough resources.
(11)
Review of request.
(a)
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. Review of the request is limited to
situations where:
[1]
The record requested contains information which is subject to
access, as well as information which is not subject to access and
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 bona fide and
specific 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 the Borough's policy
and procedure requirements;
[6]
The requester refuses to pay the applicable fees;
[7]
The extent or nature of the request is such that it precludes
a response.
(b)
If one of the foregoing reasons applies and the Borough will
not provide the information within five (5) days, the Borough must
send notice of the delay. The notice must be sent within five (5)
days of receipt of the request and must contain the following information:
(12)
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 Borough
Records.[3]
[3]
Editor's Note: Said form is included at the end of this chapter.
(13)
If the request is denied or deemed denied, the requester may file
exceptions or an appeal with the Borough within 15 business days of
the mailing date of the Borough's notice of denial, or within 15 days
of a deemed denial. The exceptions or appeal must:
(14)
The Borough shall review the exceptions and may conduct a hearing
to assist in making a final determination. A final determination will
be made within 30 days of the mailing date of the exceptions, unless
extended by the parties. If the denial is upheld, the decision shall
contain a written explanation of the reason for denial and an explanation
of the process for further appeal.
(15)
The Borough shall not be required to permit access to Borough computers
or the computer of any employee or official of the Borough.
(16)
The Borough shall provide a record in the medium requested if it
exists in that medium; otherwise, it shall be provided in the medium
in which it exists.
(17)
If the Borough determines that a public record contains information
that is subject to access as well as information that is not subject
to access, the Borough must grant access to the information that is
subject to disclosure and deny access to the remaining information.
(18)
If a record is available through publicly accessible electronic means,
the Borough's response to a record request may consist of notification
to the requester that the record is available through such means.
(19)
Access to public records shall only be required during regular business
hours of the Borough.
(20)
This policy shall be posted conspicuously at the Borough Administration
Building.
(21)
This policy shall take effect on January 1, 2009, and all other ordinances
relating to public access to records are repealed.
