[HISTORY: Adopted by the Borough Council of the Borough of Dalton as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-13-2003 by Ord. No. 5-2003]
The words and phrases used herein shall have the meanings given to them in Act 3 of 2008, the Right to Know Law, codified at 65 P.S. § 67.101 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
General rule. Unless otherwise provided by law, a public record of the Borough of Dalton shall be available for inspection and duplication by a requester in accordance with this article and the Right to Know Law. A public record shall be provided to a requester in the medium requested if the public record exists in that medium; otherwise, the record shall be provided in the medium in which it exists. If access to a public record is routinely available by the Borough only by electronic means, the Borough shall provide access to inspect the public record at the Borough office. Public records shall be available for access during the regular business hours of the Borough. Nothing in this article shall provide for access to a record which is not a public record.
B. 
Requests. Requests for records shall be in writing and directed to the Borough Secretary or the Secretary's designee, at the Borough Building, Main Street, Dalton, PA 18414. No verbal or anonymous requests for records shall be fulfilled. Written requests may be submitted in person, by mail or by facsimile, and shall identify or describe the record or records with sufficient specificity to enable the Secretary to ascertain which records are being requested. The written request shall include the name and address to which the Secretary should address the response. A written request need not include any explanation for the requester's reason for the request or the requester's intended use of the records. In the event that a requester wishes to pursue the relief and remedies provided for in this article, or as provided for in the Right to Know Law, the requester must initiate such relief with a written request.
C. 
Creation of a public record. When responding to a request for access, the Borough shall not be required to create a public record which does not currently 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 a public record.
D. 
Conversion of an electronic public record to paper. If a public record is only maintained by the Borough electronically or in other nonpaper media, the Borough shall, upon request, duplicate the public record on paper when responding to a request.
The Borough may not deny a requester access to a public record due to the intended use of the public record by the requester.
If the Borough determines that a public record contains information which is subject to access as well as information which is not subject to access, the Borough's response shall grant access to the information which is subject to access and deny access to the information which is not subject to access. If the information which is not subject to access is an integral part of the public record and cannot be separated, the Borough shall redact from the public record that information which is not subject to access and grant access to the information which is subject to access. The Borough may not deny access to the public record if the information which is not subject to access is able to be redacted. Information that the Borough redacts in accordance with this section shall be deemed a denial under § 82-5.
A. 
General rule. Upon receipt of a written request for access to a record, the Borough shall make a good faith effort to determine if the record requested is a public record and respond to the request as promptly as possible under the circumstances existing at the time of the request but shall not exceed five business days from the date the written request is received by the Borough Secretary or the Secretary's designee. If the Borough fails to send the response within five business days from receipt of the request, the request shall be deemed denied.
B. 
Exceptions. Upon receipt of a written request for access, if the Borough determines that one of the following applies: the request for access requires redaction of a public record in accordance with § 82-4; the request for access requires the retrieval of a record stored in a remote location; a timely response to the request for access cannot be accompanied due to bona fide and specified staffing limitations; a legal review is necessary to determine whether the record is a public record subject to access under this article or the Right to Know Law; the requester has not complied with the Borough's policies regarding access to public records; or the requester refuses to pay applicable fees authorized by § 82-8; the Borough shall send written notice to the requester within five business days of the Borough's receipt of the request notifying the requester that the request for access is being reviewed, the reason for the review and a reasonable date that a response is expected to be provided. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed in § 82-5A, the request for access shall be deemed denied.
C. 
Denial. If the Borough denies a written request for access, whether in whole or in part, the Borough's written response shall include:
(1) 
A description of the record requested;
(2) 
The specific reasons for the denial, including a citation of supporting legal authority. If the denial is the result of a determination that the record requested is not a public record, the specific reasons for the Borough's determination that the record is not a public record shall be included;
(3) 
The typed or printed name, title, business address, business telephone number and signature of the public official or public employee on whose authority the denial is issued;
(4) 
The date of the response;
(5) 
The procedure to appeal the denial of access under this article or the Right to Know Law.
D. 
Certified copies. If the Borough grants a request for access, the Borough, upon request, shall provide the requester with a certified copy of the public record; provided that the requester pays the applicable fees pursuant to § 82-8.
A. 
Filing of exceptions. If a written request for access is denied or deemed denied, the requester may file exceptions with the (Borough Manager/Borough Secretary/Borough Council) within 15 days of the date of mailing of the response or within 15 days of a deemed denial. The exceptions 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.
B. 
Determination. Unless the requester agrees otherwise, the Borough Council shall make a final determination regarding the exceptions within 30 days of the mailing date of the exceptions. Prior to issuing the final determination regarding the exceptions, the Borough Council may conduct a hearing. The determination shall be the final order of the Borough. If the Borough Council determines that the request for access was correctly denied, then the Borough shall provide a written explanation to the requester of the reason for the denial.
If a written request for access to a record is denied or deemed denied, the requester may file an appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under 65 P.S. § 67.503(d) within 15 business days of the mailing date of the agency's response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by the agency for delaying or denying the request.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Postage. The Borough may impose a fee for postage, which may not exceed the actual prevailing cost of mailing.
B. 
Duplication. The Borough may charge a fee for duplication of public records at reasonable rates based on prevailing fees and rates for comparable duplication services provided by local business entities.
C. 
Limitation of fees. Except as provided hereinabove, or as otherwise provided by statute, no other fees may be imposed, unless the Borough necessarily incurs costs for complying with the request, and such fees must be reasonable.
D. 
Prepayment of fees. The Borough shall require prepayment of fees if the cost of complying with the request exceeds $100.
E. 
Waiver of fees. The Borough may waive the fees for duplication of a public record, including, but not limited to, when:
(1) 
The requester duplicates the public record; or
(2) 
The Borough deems it is in the public interest to do so.
Borough Council shall adopt a policy, and may from time to time amend such policy as necessary to implement this article and to comply with the Right to Know Law. The Borough shall post the Open Records Policy in a conspicuous place in the office of the Borough Building.
This article is enacted by the Borough of Dalton under the authority of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No. 581, known as the Borough Code, § 1005, as recodified and amended (see now 8 Pa.C.S.A. § 1005), and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.