[Adopted 12-8-2008 by Ord. No. 2008-10]
This article shall be known as the "Lewistown Borough Open Records
Policy Ordinance."
This article is adopted pursuant to authority granted per the
provisions of the Borough Code, Act of February 1, 1966, P.L. (1965)
No. 581, § 101 et seq., as amended (8 Pa.C.S.A. § 101
et seq.) and the Pennsylvania Right-to-Know Law, Act of February 14,
2008, P.L. 6, No. 3, § 101 et seq. (65 P.S. § 67.101
et seq.).
The Borough of Lewistown recognizes the importance of a public
record as a record of the Borough's actions and as a source of
information about the Borough and its actions. The public has a right
to access and to obtain copies of public records, with certain exceptions,
subject to law, the policy of the Borough and administrative rules
and regulations. Accordingly, the Borough, in accordance with this
article, the law and Borough policy and administrative rules and regulations,
shall make its public records available for access, review and duplication
to a requester.
Certain words as used in this article shall be defined as follows
for the purposes of this article:
FINANCIAL RECORD
Any account, voucher or contract dealing with the receipt
or disbursement of funds or the acquisition, use or disposal of services,
supplies, materials, equipment or property; or the salary or other
payments or expenses paid to an officer or employee, including the
individual's name and title; and a financial audit report, excluding
the audit's underlying work papers.
PUBLIC RECORD
A record, including a financial record that is not protected
by a defined privilege or is not exempt from being disclosed under
one of the exemptions in Pennsylvania's Right-to-Know Law or
under other federal or state law or regulation or judicial decree
or order.
RECORD
Information, regardless of physical form or characteristics,
that documents a Borough transaction or activity and is created, received
or retained pursuant to law or in connection with a Borough transaction,
business or activity, including a document, paper, letter, map, book,
tape, photograph, film or sound recording, information stored or maintained
electronically, and a data-processed or image-processed document.
RESPONSE
The Borough's notice informing a requester of a granting
of access to a record or the Borough's written notice to a requester
granting, denying or partially granting and partially denying access
to a requested record.
REQUESTER
A legal resident of the United States, or an agency, who
requests access to a record.
The Borough shall designate an Open Records Officer, who shall
be responsible for the following:
A. To receive written requests for access to records submitted to the
Borough.
B. Review and respond to written requests in accordance with law, Borough
policy and administrative regulations.
C. Direct requests to other appropriate individuals in the Borough or
in another agency.
D. Track the Borough's progress in responding to requests.
E. Issue interim and final responses to submitted requests.
F. Maintain a log of all record requests and their disposition.
G. Ensure that Borough staff is trained to perform assigned job functions
relative to requests for access to records.
H. Upon receiving a request for access to a record, the Open Records
Officer shall:
(1) Note the date of receipt on the written request.
(2) Compute and note on the written request the day on which the five-day
time period for response will expire.
(3) Maintain an electronic or paper copy of the written request, including
all documents submitted with the request.
(4) If the written request is denied, maintain the written request for
30 days or, if an appeal is filed, until a final determination is
issued or the appeal is deemed denied.
The following guidelines shall be applicable to requests for
public records:
A. Requesters may access and procure copies of the public records of
the Borough during the regular business hours of the municipal offices.
B. A requester's right of access does not include the right to
remove a record from the control or supervision of the Open Records
Officer.
C. The Borough shall not limit the number of records requested.
D. When responding to a request for access, the Borough is not required
to create a record that does not exist nor to compile, maintain, format
or organize a record in a manner which the Borough does not currently
use.
E. Information shall be made available to individuals with disabilities
in an appropriate format, upon request and with sufficient advance
notice.
The Borough shall post at the Municipal Building the following
information:
A. Contact information for the Open Records Officer.
B. Contact information for the Office of Open Records of the Commonwealth
of Pennsylvania or other applicable appeals officer.
C. Information or directions as to where the form to be used to file
a request may be obtained, with a notation that the Commonwealth's
Office of Open Records form may also be used if the Borough decides
to create its own form.
D. Borough administrative regulations and procedures governing requests
for access to the Borough's public records.
Fees shall be charged as follows:
A. Except for any duplication fee established by the Commonwealth of
Pennsylvania, the Borough of Lewistown shall approve by resolution
a list of reasonable fees relative to requests for public records.
The Borough shall maintain a list of applicable fees and disseminate
the list to requesters.
B. No fee may be imposed for review of a record to determine whether
the record is subject to access under law.
C. Prior to granting access, the Borough may require prepayment of estimated
fees when the fees required to fulfill the request are expected to
exceed $100.
D. The Borough Manager may waive duplication fees when the requester
duplicates the record or the Borough Manager deems it is in the public
interest to do so.
If the Open Records Officer denies a request for access to a
record, whether in whole or in part, a written response shall be sent
within five business days of receipt of the request. The response
denying the request shall include the following:
A. Description of the record requested.
B. Specific reasons for denial, including a citation of supporting legal
authority.
C. Name, title, business address, business telephone number, and signature
of the Open Records Officer on whose authority the denial is issued.
D. The date of the response.
[Adopted 7-13-2009 by Ord. No. 2009-4]
Pursuant to the Pennsylvania Municipal Records Act, Act of December
19, 1996, P.L. 1158, No. 177, as amended, 53 P.S. § 1381
et seq., as amended and, specifically, 53 P.S. §§ 1383,
1386 and 1388, as amended, the Borough of Lewistown hereby adopts
and declares its intent to follow, the Retention and Disposition Schedule
for Public Records of Pennsylvania Municipalities or other like schedule
as is now or hereafter approved for the use of boroughs by the Local
Government Records Committee established under the Pennsylvania Historical
and Museum Commission, or successor agency, and in accordance with
the disposition procedures approved by the Local Government Records
Committee.
The Borough of Lewistown, Mifflin County, Pennsylvania, will
follow the schedules and procedures for disposition of records as
set forth in the Municipal Records Manual issued from time to time
for the Local Government Records Committee by the Pennsylvania Historical
and Museum Commission, Bureau of Archives and History, and as it may
thereafter be amended, supplemented or superseded. The most recent
Municipal Records Manual has been issued and approved as of December
16, 2008. Upon the adoption by the Borough Council of an appropriate
resolution approving the destruction, the transfer to a depository
outside the Lewistown Municipal Building or any other disposition
of a public record of the Borough and containing a finding or declaration
that the destruction, transfer or other disposition conforms to the
current Retention and Disposition Schedule for Public Records of Pennsylvania
Municipalities, or other like schedule approved by the Local Government
Records Committee, the Borough Secretary shall destroy, transfer or
otherwise dispose of the public record in accordance with the resolution.
For the purposes of §§
50-16 and
50-17 above, the term "public record" or a term of similar import shall mean a public record as defined by the Pennsylvania Municipal Records Act or as expressly or impliedly defined by or described in the regulations issued by the Local Government Records Committee pursuant to the Act or in the Retention and Disposition Schedule approved by the Local Government Records Committee.
[Added 10-10-2016 by Ord.
No. 2016-8]
The Secretary of the Borough Council of the Borough of Lewistown,
and the Secretary of any board, committee or commission or like body
of the Borough of Lewistown (hereafter referred to as a "Secretary"),
or any person acting at the direction of or under the authority of
such Secretary is hereby authorized to make an audio or audio-visual
recording of any meeting of Borough Council or any board, committee
or commission or like body of the Borough of Lewistown for the purposes
of creating meeting minutes. These audio or audio-visual recordings
shall be recorded over or otherwise destroyed after the Secretary
drafts the minutes of the meeting so recorded and said minutes are
presented for approval.