[HISTORY: Adopted by the Borough Council of the Borough of
Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2008 by Ord. No. 723]
The purpose of this policy is to assure compliance with Act
3 of 2008, the Pennsylvania Right-to-Know Law, as amended;[1] to provide access to public records of Derry Borough;
to preserve the integrity of Derry Borough records; and to minimize
the financial impact to the residents of the Borough regarding the
resources utilized in the receipt and processing of public record
requests and the retrieval and copying of public records.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
It is the policy of Derry 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. Derry Borough designates the Secretary/Treasurer as the
Open Records officer responsible for assuring compliance with the
Pennsylvania Right-to-Know Law, in accordance with the following guidelines:
A.
The Secretary/Treasurer may designate certain employees to process
public record requests.
B.
The Secretary/Treasurer 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.
C.
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 which does not exist or to compile, maintain, format or organize
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 include the date
of the request; requestor's name, address, and telephone number;
certification of United States residency; signature of requestor;
and if duplication is requested, appropriate payment.
D.
The designated employee shall make a good faith effort to determine
whether each record requested is a public record.
E.
The Borough shall facilitate a reasonable response to a request for
Derry Borough's 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 the Borough's administrative
responsibilities and consistent with the requirements of the Pennsylvania
Right-to-Know Law.
F.
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 days of receipt
thereof, the request is deemed denied.
H.
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.
I.
Fees for duplication of public records shall be as established by
the Commonwealth's Office of Open Records. The Borough may, at
its discretion, waive fees.
J.
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 the expected cost in advance of fulfilling the request
to avoid unwarranted expense of Borough resources.
K.
Review of request.
(1)
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
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:
(a)
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;
(b)
The record requires retrieval from a remote location;
(c)
A timely response cannot be accomplished due to staffing limitations;
(d)
A legal review is necessary to determine whether the record
requested is a public record;
(e)
The requester has failed to comply with the Borough's policy
and procedure requirements;
(f)
The requester refuses to pay the applicable fees; or
(g)
The extent or nature of the request precludes a response within
the required time period.
(2)
Upon a determination that one of the factors listed above applies,
the 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, as long as the agency has not provided
a response by that date.
L.
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 Derry
Borough Records."
M.
If the request is denied or deemed denied, the requester may file
an appeal with the Commonwealth's Office of Open Records within
15 business days of the mailing date of the Borough's notice
of denial, or within 15 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 the agency
for delaying or denying the request.
N.
Within 30 days of the mailing date of the final determination of
the appeals officer, the requester or Borough may file a petition
for review or other document as required by rule of court with the
court of common pleas for Westmoreland 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.
O.
This policy shall be available for review at the Borough office.
