[HISTORY: Adopted by the Municipal Council of the Municipality
of Monroeville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-13-2009 by Ord. No. 2448]
The Municipality recognizes the importance of public records
as the record of the Municipality's actions and the repository of
information about this Municipality. The public has the right to access
and procure copies of public records, with certain exceptions, subject
to law, Municipality policy and administrative regulations.
65 P.S. § 67.102. As used in this article, the following
terms shall have the meanings indicated:
Any account, voucher or contract dealing with the receipt
or disbursement of funds or 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.
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[1] or under other federal or state law or regulation, or
judicial decree or order.
Information, regardless of physical form or characteristics,
that documents a Municipality transaction or activity and is created,
received or retained pursuant to law or in connection with a Municipality
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.
A legal resident of the United States, or an agency, who
requests access to a record.
The Municipality's notice informing a requester of a granting
of access to a record or the Municipality's written notice to a requester
granting, denying, or partially granting and partially denying access
to a requested record.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
65 P.S. §§ 67.302, 67.305, 67.504 and 67.701.
The Municipality shall make the Municipality's public records available
for access and duplication to a requester, in accordance with law,
Municipality policy and administrative regulations.
A.
65 P.S. § 67.502. The Municipality hereby designates the
Administrative Assistant to the Manager as Open Records Officer, who
shall be responsible to:
(1)
Receive written requests for access to records submitted to the Municipality.
(2)
Review and respond to written requests in accordance with law, Municipality
policy and administrative regulations.
(3)
Direct requests to other appropriate individuals in the Municipality
or in another agency.
(4)
Track the Municipality's progress in responding to requests.
(5)
Issue interim and final responses to submitted requests.
(6)
Maintain a log of all record requests and their disposition.
(7)
Ensure Municipality staff are trained to perform assigned job functions
relative to requests for access to records.
B.
65 P.S. §§ 67.502, 67.901 and 67.1101. 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
period for response will expire.
(3)
Maintain an electronic or paper copy of the written request, including
all documents submitted with the request, until the request has been
fulfilled.
(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.
A.
65 P.S. § 67.701.
B.
65 P.S. § 67.302. The Municipality shall not limit the
number of records requested.
C.
65 P.S. § 67.705. When responding to a request for access,
the Municipality 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 Municipality does not currently use.
D.
42 U.S.C. § 12132 and 28 CFR 35.160 and 35.164. Information shall be made available to individuals
with disabilities in an appropriate format, upon request and with
sufficient advance notice.
E.
65 P.S. §§ 67.504 and 67.505. The Municipality shall
post at the administration office and on the Municipality's website,
if the Municipality maintains a website, the following information:
(1)
Contact information for the Open Records Officer.
(2)
Contact information for the State's Office of Open Records or other
applicable appeals officer.
(3)
The form to be used to file a request, with a notation that the State
Office of Open Records form may also be used if the Municipality decides
to create its own form.
(4)
Municipality policy, administrative regulations and procedures governing
requests for access to the Municipality's public records.
F.
G.
Fees. 65 P.S. § 67.1307.
(1)
Except for the duplication fee established by the state, the Municipality
will approve a list of reasonable fees relative to requests for public
records. The Municipality shall maintain a list of applicable fees
and disseminate the list to requesters.
(2)
No fee may be imposed for review of a record to determine whether
the record is subject to access under law.
(3)
Prior to granting access, the Municipality may require prepayment
of estimated fees when the fees required to fulfill the request are
expected to exceed $100.
(4)
The Manager may waive duplication fees when the requester duplicates
the record or the Manager deems it is in the public interest to do
so.
H.
Response to request.
(1)
65 P.S. §§ 67.502 and 67.702. Municipality employees
shall be directed to immediately forward requests for access to public
records to the Open Records Officer.
(2)
65 P.S. § 67.901.
(a)
Upon receipt of a written request for access to a record, the
Open Records Officer shall determine if the requested record is a
public record and if the Municipality has possession, custody or control
of that record.
(b)
The Open Records Officer shall respond as promptly as possible
under the existing circumstances, and the initial response time shall
not exceed five business days from the date the written request is
received by the Open Records Officer.
(c)
The initial response shall grant access to the requested record;
deny access to the requested record; partially grant and partially
deny access to the requested record; notify the requester of the need
for an extension of time to fully respond; or request more detail
from the requester to clearly identify the requested material.
(d)
If the Municipality fails to respond to a request within five
business days of receipt, the request for access shall be deemed denied.
I.
Extension of time; 65 P.S. §§ 67.901 and 67.902.
(1)
If the Open Records Officer determines that an extension of time
is required to respond to a request, in accordance with the factors
stated in law, written notice shall be sent within five business days
of receipt of request. The notice shall indicate that the request
for access is being reviewed, the reason that the review requires
an extension, a reasonable date when the response is expected, and
an estimated of applicable fees owed when the record becomes available.
(2)
Upon a thirty-day extension for one of the listed reasons does not
require the consent of the requester. If the response is not given
by the specified date, it shall be deemed denied on the day following
that date.
(3)
A requester may consent in writing to an extension that exceeds 30
days, in which case the request shall be deemed denied on the day
following the date specified in the notice if the Open Records Officer
has not provided a response by that date.
J.
Granting of request.
(1)
If the Open Records Officer determines that the request will be granted,
the response shall inform the requester that access is granted and
either include information on the regular business hours of the administration
office, provided electronic access, or state where the requester may
go to inspect the records or information electronically at a publicly
accessible site. The response shall include a copy of the fee schedule
in effect, a statement that prepayment of fees is required in a specified
amount if access to the records will cost in excess of $100, and the
medium in which the records will be provided.
(2)
65 P.S. § 67.701. A public record shall be provided to
the requester in the medium requested if it exists in that form; otherwise,
it shall be provided in its existing medium. However, the Municipality
is not required to permit use of its computers.
(3)
65 P.S. §§ 67.701 and 67.704. The Open Records Officer
may respond to a records request by notifying the requester that the
record is available through publicly accessibly electronic means or
that the Municipality shall provide access to inspect the record electronically.
If the requester, within 30 days following receipt of the Municipality's
notice, submits a written request to have the record converted to
paper, the Municipality shall provide access in printed form within
five days of receipt of the request for conversion to paper.
(4)
65 P.S. § 67.506. A public record that the Municipality
does not possess but is possessed by a third party with whom the Municipality
has contracted to perform a governmental function and which directly
relates to that governmental function shall be considered a public
record of the Municipality. When the Municipality contracts with such
a third party, the Municipality shall require the contractor to agree
in writing to comply with requests for such records and to provide
the Municipality with the requested record in a timely manner to allow
the Municipality to comply with law.
(5)
65 P.S. § 67.706. If the Open Records Officer determines
that a public record contains information both subject to and not
subject to access, the Open Records Officer shall grant access to
the information subject to access and deny access to the information
not subject to access. The Open Records Officer shall redact from
the record the information that is not subject to access. The Open
Records Officer shall not deny access to a record if information is
able to be redacted.
(6)
65 P.S. § 67.905. If the Open Records Officer responds
to a requester that a copy of the requested record is available for
delivery at the administration office and the requester does not retrieve
the record within 60 days of the Municipality's response, the Municipality
shall dispose of the copy and retain any fees paid to date.
K.
Notification to third parties.
(1)
65 P.S. § 67.707.
(a)
When the Municipality produces a record that is not a public
record in response to a request, the Open Records Officer shall notify
any third party that provided the record to the Municipality, the
person that is the subject of the record, and the requester.
(b)
The Open Records Officer shall notify a third party of record
request if the requested record contains a trade secret or confidential
proprietary information, in accordance with law and administrative
regulations.
L.
Denial of request. 65 P.S. §§ 67.901 and 67.903.
(1)
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)
Date of the response.
(e)
Procedure for the requester to appeal a denial of access.
(2)
65 P.S. § 67.506.
(a)
The Open Records Officer may deny a request for access to a
record if the requester has made repeated requests for that same record
and the repeated requests have placed an unreasonable burden on the
Municipality.
(b)
The Open Records Officer may deny a request for access to a
record when timely access is not possible due to a disaster, or when
access may cause physical damage or irreparable harm to the record.
To the extent possible, a record's contents shall be made accessible
even when the record is physically unavailable.
(3)
65 P.S. §§ 67.706 and 67.903. Information that is
not subject to access and is redacted from a public record shall be
deemed a denial.
(4)
65 P.S. § 67.1101. If a written request for access to a
record is denied or deemed denied, the requester may file an appeal
with the state's Office of Open Records within 15 business days of
the mailing date of the Open Records Officer's response or deemed
denial.
M.
Document management.
(1)
The following public records shall be maintained by the Municipality
for the length of time listed below:
|
Record
|
Length of Time Maintained by Municipality
|
|---|---|
|
Accident/incident reports
|
7 years
|
|
Activity account records
|
7 years
|
|
Architect contracts
|
10 years
|
|
Audit reports
|
10 years
|
|
Bank statements and canceled checks
|
7 years
|
|
Construction contracts
|
10 years
|
|
Contracts with a value of more than $100,000
|
5 years after termination
|
|
Deeds, real estate sales agreement and other documents defining
any interest of the Municipality covering its interest in real property
|
Permanent
|
|
EEOC reports
|
3 years
|
|
Insurance policies
|
20 years
|
|
Inventory — equipment
|
2 years
|
|
Notes, mortgages and bonds
|
Permanent
|
|
Personnel records
|
Permanent
|
|
Purchase orders/invoices
|
7 years
|
|
Time cards
|
Permanent
|
(2)
No public record may be removed from the control or supervision of
the designated custodian.
A.
To determine if a requested record is exempt from access, the Open
Records Officer will consider and apply each exemption separately.
B.
The following records are exempt from public access by a requester
in accordance with the Right-To-Know Law.
(1)
Loss of funds/physical harm/personal security. When the disclosure
of a record would result in the Municipality's loss of federal or
state funds or would reasonably be likely to result in a substantial
and demonstrable risk of physical harm to or personal security of
an individual.
(2)
Public safety. When the disclosure of a record maintained in connection
with the military, homeland security, national defense, law enforcement
or other public safety activity would reasonably be likely to jeopardize
or threaten public safety or public protection activity, or a record
that is designated classified by an appropriate federal or state military
municipality.
(3)
Safety/security of facilities. When the disclosure of a record creates
a reasonable likelihood of endangering the safety or physical security
of a building, public utility, resource, infrastructure, facility,
or information storage system, which may include:
(a)
Documents or data relating to computer hardware; source files;
software; and system networks that could jeopardize computer security
by exposing a vulnerability in preventing, protecting against, mitigating
or responding to a terrorist act.
(b)
List of infrastructure, resources and significant special events,
including those defined by the federal government in the National
Infrastructures Protections, that are deemed critical due to their
nature and result from risk analysis; threat assessments; consequences
assessments; antiterrorism protective measures and plans; counterterrorism
measures and plans; and security needs assessments.
(c)
Building plans or infrastructure records that expose or create
vulnerability through disclosure of the location, configuration or
security of critical systems, including public utility systems; structural
elements; technology; communication; electrical; fire suppression;
ventilation; water; wastewater; sewage; and gas systems.
(4)
Computer systems. When the disclosure of a record regarding computer
hardware, software and networks, including administrative and technical
records, would reasonably be likely to jeopardize computer security.
(5)
Medical information. When the disclosure of a record of an individual's
medical, psychiatric or psychological history or disability status,
including an evaluation; consultation; prescription; diagnosis or
treatment; results of tests, to include drug tests; enrollment in
a health care program or program designed for participation by persons
with disabilities, including vocational rehabilitation; worker's compensation
and unemployment compensation; or related information would disclose
individually identifiable health information.
(6)
Personal identification information.
(a)
Disclosure of the following personal identification information:
[1]
A record containing all or part of an individual's social security
number; driver's license; driver's license number; personal financial
information; home, cellular or personal telephone numbers; personal
e-mail addresses; employee number or other confidential personal identification
number.
[2]
A spouse's name, marital status, beneficiary or dependent information.
[3]
The home address of a law enforcement officer or judge.
(b)
Personal information that must be disclosed includes the name;
position; salary; actual compensation or other payments or expenses;
employment contract; employment-related contract or agreement; and
length of service of a public official or Municipality employee.
(c)
The Open Records Officer may redact from a record the name or
other identifying information relating to an individual performing
an undercover or covert law enforcement activity.
(7)
Certain employee information.
(a)
Disclosure of the following records relating to a Municipality
employee:
[1]
A letter of reference or recommendation pertaining to the character
or qualifications of an identifiable individual, unless it was prepared
in relation to the appointment of an individual to fill a vacancy
in an elected office or an appointed office requiring Senate confirmation.
[2]
A performance rating or review.
[3]
The result of a civil service or similar test administered by
a commonwealth agency, legislative agency or judicial agency. The
result of a civil service or similar test administered by a local
agency shall not be disclosed if restricted by a collective bargaining
agreement. Only test scores of individuals who obtained a passing
score on a test administered by a local agency may be disclosed.
[4]
The employment application of an individual who is not hired
by the Municipality.
[5]
Workplace support services information.
[6]
Written criticisms of a Municipality employee.
[7]
Grievance material, including documents related to discrimination
or sexual harassment.
[8]
Information regarding discipline, demotion or discharge contained
in a personnel file, except information that applies to the Municipality's
final action that results in demotion or discharge.
(8)
Labor relations/negotiations/arbitration.
(a)
Labor relations/negotiations/arbitration. Disclosure of a record
pertaining to strategy or negotiations relating to labor relations
or collective bargaining and related arbitration proceedings. In the
case of the arbitration of a dispute or grievance under a collective
bargaining agreement, disclosure of an exhibit entered into evidence
at an arbitration proceeding or a transcript of the arbitration or
the opinion.
(b)
This exemption does not apply to a final or executed contract
or agreement between the parties in a collective bargaining agreement,
or to the final award or order of an arbitrator in a dispute or grievance
procedure.
(9)
Predecisional drafts. Disclosure of the draft of a bill, ordinance,
regulation, statement of policy, management directive, or ordinance,
or their amendments, prepared by or for the Municipality.
(10)
Predecisional deliberations. Disclosure of a record that reflects:
(a)
The internal, predecisional deliberations of the Municipality,
its Council members, employees or officials, or predecisional deliberations
between Council members, employees, or officials and members, employees
or officials of another agency, including predecisional deliberations
relating to a budget recommendation; legislative proposal; legislative
amendment; contemplated or proposed policy or course of action; or
any research, memos or other documents used in the predecisional deliberations,
subject to law governing open meetings.
Public records do include a record of any of the above that
is not exempt from access by law and which is presented to a quorum
for deliberation in accordance with law governing open meetings; a
written or Internet application or document that has been submitted
to request commonwealth funds; and the results of public opinion surveys,
polls, focus groups, marketing research or similar efforts designed
to measure public opinion.
(b)
The strategy to be used to develop or achieve the successful
adoption of a budget, legislative proposal or regulation.
(11)
Trade secret/confidential proprietary information. Disclosure
of a record that constitutes or reveals a trade secret or confidential
proprietary information.
(12)
Personal notes/working papers. Disclosure of notes and working
papers prepared by or for a Municipality public official or employee
use solely for that official's or employee's own personal use, including
telephone message slips; routing slips; and other materials that do
not have an official purpose.
(13)
Donor identity. Disclosure of records that would disclose the
identity of an individual who lawfully makes a donation to the Municipality,
unless the donation is intended for or restricted to providing remuneration
or personal tangible benefit to a Municipality public official or
employee, including lists of potential donors compiled by the Municipality
to pursue donations; donor profile informational; or personal identifying
information relating to a donor.
(14)
Criminal investigations.
(a)
Disclosure of a record of the Municipality or an agency relating
to or resulting in a criminal investigation, including:
[1]
Complaints of potential criminal conduct other than a private
criminal complaint.
[2]
Investigative materials, notes, correspondence, videos and reports.
[3]
A record that includes the identity of a confidential source
or of a suspect who has not been charged with an offense to whom confidentiality
has been promised.
[4]
A record that includes information made confidential by law
or court order.
[5]
Victim information, including any information that would jeopardize
the safety of a victim.
[6]
A record that if disclosed would reveal the institution, progress
or result of a criminal investigation, except the filing of criminal
charges; deprive an individual of the right to a fair trial or impartial
adjudication; impair the ability to locate a defendant or codefendant;
hinder an agency's ability to secure a arrest, prosecution or conviction;
or endanger the life or physical safety of an individual.
(b)
This exemption does not apply to information contained in a
police blotter as defined in law and utilize or maintained by the
State Police, local, campus, transit or port authority police department
or other law enforcement agency, or in a traffic report except as
provided by law.
(15)
Noncriminal investigations. Disclosure of a Municipality record
relating to a noncriminal investigation, including:
(a)
Complaints submitted to the Municipality.
(b)
Investigative materials, notes, correspondence and reports.
(d)
A record that includes information made confidential by law.
(e)
Work papers underlying an audit.
(f)
A record that if disclosed would reveal the institution, progress
or result of a Municipality investigation, except the imposition of
a fine or civil penalty; the suspension, modification or revocation
of a license, permit, registration, certification or similar authorization
issued by an agency or an executed settlement unless the agreement
is determined to be confidential by a court; deprive a person of the
right to an impartial adjudication; constitute an unwarranted invasion
of privacy; hinder an agency's ability to secure an administrative
or civil sanction; or endanger the life or physical safety of an individual.
(16)
Emergency communications. Disclosure of records or parts of
records, except time response logs, pertaining to audio recordings,
telephone or radio transmissions received by emergency dispatch personnel,
including 911 recordings, unless the agency or a court determines
that the public interest in disclosure outweighs the interest in nondisclosure.
(17)
DNA/RNA. Disclosure of DNA and RNA records.
(18)
Coroner/medical examiner. Disclosure of specific records and
reports of a coroner or medical examiner.
(19)
Draft minutes. Disclosure of draft minutes of any Municipality
meeting until the next regularly scheduled Council meeting, minutes
of an executive session, and any record of discussions held in executive
session.
(20)
Real estate appraisals/feasibility studies.
(a)
Disclosure of the contents of real estate appraisal, engineering
or feasibility estimate, environmental reviews, audits or evaluations
made for or by the Municipality relative to the leasing, acquiring,
or disposing of real property or an interest in real property; the
purchase of public supplies or equipment included in the real estate
transaction; and construction projects.
(b)
This exemption does not apply to the documents listed above
once the decision is made to proceed with the lease, acquisition or
disposal of real property or an interest in real property, the purchase
of public supplies, or a construction project.
(21)
Library records. Disclosure of the library and archive circulation
and order records of an identifiable individual or groups of individuals.
(22)
Archeological site/endangered species. Disclosure of a record
identifying the location of an archeological site or an endangered
or threatened plant or animal species if not already known to the
general public.
(23)
Precontract award documents. Disclosure of a proposal pertaining
to Municipality procurement or disposal of supplies, service or construction
prior to the award of the contract or prior to the opening and rejection
of all bids; financial information of a bidder or offeror requested
in an invitation for bid or request for proposals to demonstrate the
bidder's or offeror's economic capability; or the identify of members,
notes and other records of Municipality proposal evaluation committees
established under law relating to competitive sealed proposals.
(24)
Insurance communications.
(a)
Disclosure of a record or information relating to a communication
between the Municipality and its insurance carrier, administrative
service organization or risk management office.
(b)
This exemption does not apply to a contract with an insurance
carrier, administrative service organization or risk management office,
or to financial records relating to the provision of insurance.
(25)
Social services. Disclosure of a record or information identifying
an individual who applies for or receives social services, the type
of social services received by an individual, an individual's application
to receive social services, or eligibility to receive social services.
(26)
General assembly correspondence. Disclosure of correspondence
between an individual and member of the General Assembly and records
accompanying the correspondence that would identify an individual
requesting assistance or constituent services, except for correspondence
between a member of the General Assembly and a principal or lobbyist
under law.
The Open Records Officer will not disclose the identity of an
individual performing an undercover or covert law enforcement activity.
