[Res. 2008-R-24, 12/17/2008, § I]
The Board recognizes the importance of public records as the
record of the Township's actions and the repository of information
about the Township. The public has the right to access and procure
copies of public records, with certain exceptions, subject to law,
Township policy and administrative regulations.
[Res. 2008-R-24, 12/17/2008, § II]
FINANCIAL RECORD
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.
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 Township transaction or activity and is created,
received or retained pursuant to law or in connection with a Township
transaction, business or activity, including: a document; paper; letter;
map; book; tape; photograph; film or sound recording; information
stored or maintained electronically; and data-processed or image-processed
document.
RESPONSE
The Township's notice informing a requester of a granting
of access to a record or Township's written notice to a requester
granting, denying, or partially granting partially denying access
to requested record.
REQUESTER
A legal resident of the United States, or an agency, who
requests access to a record.
[Res. 2008-R-24, 12/17/2008, § III]
The Township shall make the Township's public records available
for access and duplication to requester, in accordance with law, Township
policy and administrative regulations.
[Res. 2008-R-24, 12/17/2008, § IV]
1. The Board of Supervisors herein designates the Assistant Township
Manager, as the Open Records Officer, and the responsibilities of
said Open Records Officer to be as follows:
A. Receive written requests for access to records submitted to the Township.
B. Review and respond to written requests in accordance with law, Township
policy and administrative regulations.
C. Direct requests to other appropriate individuals at the Township.
D. Track the Township'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 the Township's staff is trained to perform assigned job functions
relative to requests for access to records.
2. Upon receiving a request for access to a record, the Open Records
Officer shall:
A. Note the date of receipt on the written request.
B. Compute and note on the written request the day on which the five-day
period for response will expire.
C. Maintain an electronic or paper copy of the written request, including
all documents submitted with the request, until the request has been
fulfilled.
D. 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.
[Res. 2008-R-24, 12/17/2008, § V]
1. Requesters may access and procure copies of the public records of
the Township during the regular business hours of the administrative
offices.
2. 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.
3. The Township shall not limit the number of records requested.
4. When responding to a request for access, the Township 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 Township does not currently
use.
5. Information shall be made available to individuals with disabilities
in an appropriate format, upon request and with sufficient advance
notice.
6. The Township shall post at the administration office and on the Township's
web site, the following information:
A. Contact information for the Open Records Officer.
B. Contact information for the State's Office of Open Records or other
applicable appeals officer.
C. The form to be used to file a request, with a notation that the State
Office of Open Records form may also be used even if the Township
decides to create its own form.
D. Township policy, administrative regulations and procedures governing
requests for access to the Township's public records.
[Res. 2008-R-24, 12/17/2008, § V]
1. A written request for access to a public record shall be submitted
on the required form(s) and addressed to the Open Records Officer.
2. Written requests may be submitted to the Township in person, by mail,
to designated facsimile machine, and to a designated e-mail address.
3. Each request must include the following information:
A. Identification or description of the requested record, in sufficient
detail.
B. Medium in which the record is requested.
C. Name and address of the individual to receive Township's response.
4. The Township shall not require an explanation of the reason for the
request or the intended use of the requested record, unless otherwise
required by law.
[Res. 2008-R-24, 12/17/2008, § V]
1. Except for the duplication fee established by the State, the Township
Supervisors shall approve, by resolution, a list of reasonable fees
relative to requests for public records. The Township 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 Township may require prepayment of
estimated fees when the fees required to fulfill the request are expected
to exceed $100.
4. The Open Records Officer may waive duplication fees when the requester
duplicated the record or the Open Records Officer deems it is in the
public interest to do so.
[Res. 2008-R-24, 12/17/2008, § V]
1. Township employees shall be directed to immediately forward requests
for access to public records to the Open Records Officer.
2. 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 Township has possession, custody or control of that
record.
3. 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.
4. 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.
5. If the Township fails to respond to a request within five business
days of receipt, the request for access shall be deemed denied.
[Res. 2008-R-24, 12/17/2008, § V]
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 estimate of applicable fees owed when the record becomes available.
2. One 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.
[Res. 2008-R-24, 12/17/2008, § V]
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, provide 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 of the records will cost in excess of $100, and the
medium in which the records will be provided.
2. 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 Township is not required to permit
use of its computers.
3. The Open Records Officer may respond to a records request by notifying
the requester that the record is available through publicly accessible
electronic means or that the Township shall provide access to inspect
the record electronically. If the requester, within 30 days following
receipt of the Township's notice, submits a written request to have
the record converted to paper, the Township shall provide access in
printed form within five days of receipt of the request for conversion
to paper. A public record that the Township does not possess but is
possessed by a third party with whom the Township has contracted to
perform a governmental function and which directly relates to that
governmental function shall be considered a public record of the Township.
When the Township contracts with such a third party, the Township
shall require the contractor to agree in writing to comply with requests
for such records and to provide the Township with the requested record
in a timely manner to allow the Township to comply with law.
4. 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.
5. 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 Township's response, the Township shall dispose of the copy
and retain any fees paid to date.
[Res. 2008-R-24, 12/17/2008, § V]
1. When the Township 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 Township, the person that is
the subject of the record, and the requester.
2. The Open Records Officer shall notify a third party of a record request
if the requested record contains a trade secret or confidential proprietary
information, in accordance with law and administrative regulations.
[Res. 2008-R-24, 12/17/2008, § V]
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.
E. Procedure for the requester to appeal a denial of access.
2. 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
repeated requests have placed an unreasonable burden on the Township.
3. 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 content shall be made accessible even
when the record is physically unavailable.
4. Information that is not subject to access and is redacted from a
public record shall be deemed a denial.
5. 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.
[Res. 2008-R-24, 12/17/2008, § VI]
The Open Records Officer, in concert with the Township Manager,
shall make recommendations to the Board of Supervisors for the purpose
of determining a fee schedule and adopting standard forms.