[Res. 2008-16, 12/30/2008, § I]
Public Access to Information.
[Res. 2008-16, 12/30/2008, § II]
To establish policies and procedures for the release to the
public of public records in the custody of East Fallowfield Township
pursuant to the Right to Know Law, the Act of February 14, 2008, P.L.
6, 65 P.S. § 67.101 et seq.
[Res. 2008-16, 12/30/2008, § III]
Applies to all boards, commissions, committees, officials and
employees of the Township.
[Res. 2008-16, 12/30/2008, § IV]
To afford any individual or business the opportunity to examine
or copy public records at reasonable hours and places; and, to provide
a uniform system for the access and release of public records.
[Res. 2008-16, 12/30/2008, § V]
1. It is the policy of East Fallowfield Township to afford any individual
or business the opportunity to examine or copy public records at reasonable
hours and places.
2. The Pennsylvania "Right to Know" law requires municipalities to provide
access to "public records" which is specifically defined by the law.
The Right to Know law now defines "public records" to include financial
accounts, minutes, orders or decisions, regardless of physical form
or characteristics. In addition, other Pennsylvania laws provide that
specific information, such as permit applications, are available to
the public. It is the Township's intent to conform to all state
laws governing the access of public records.
3. Information may be examined or copied in the form available to the
Township at the Township's municipal building. The Township is
not required to sort information, extract data or prepare reports
in formats which are not in the Township's possession. The Township
is not required to release public records to the custody of others.
[Res. 2008-16, 12/30/2008, § VI]
1. The Township has appointed an Open Records Officer who is responsible
for ensuring that the public has proper access to public records in
the custody of the Township.
2. Requests to view public records must be made by written application
on a form supplied by the Township or the Commonwealth's Office
of Open Records and sent to the attention of the Open Records Officer.
It is the intent of the Township to grant or deny requests for access
to public records without undue delay, subject to a response time
of five working days, unless the Township notifies the requester within
said period of a delay in providing a response or production of the
records as allowed under the law. The delay in providing a response
or producing the records is limited to 30 days from the date of the
request, unless the requester grants the Township an extension. The
Township will not honor "on the spot" requests, unless the Open Records
Officer determines that the information is readily available. If the
request is granted, it is the responsibility of the Open Records Officer
to advise the requester promptly of the time at which documents will
be available for viewing or copying.
3. If a citizen is denied access, the Open Records Officer will notify
the requester of the reason. In the notification of denial the Open
Records Officer will inform the requester of his/her right to appeal
the decision to the Office of Open Records or the Chester County District
Attorney's Office for certain police records, within 15 working
days from the date of mailing the notice of denial.
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Office of Open Records
|
District Attorney of Chester County
|
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Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
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201 West Market Street, Suite 4450
West Chester, PA 19380.
Phone No. 610-344-6801
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4. In order to protect the security of material in the possession of
the Township, file reviews may be monitored.
[Res. 2008-16, 12/30/2008, § VII]
1. The Township hereby adopts as its fee schedule for any public records
request the following:
A. Copies are charged on a $0.25 per page per side (8 1/2 inches
by 11 inches) basis. Pennsylvania sales tax will be added to charges
for copying documents.
B. If a public record is only maintained in electronically or other
nonpaper media, and the requester asks for the record in that media,
duplication fees shall be the cost incurred by the Township to supply
the necessary device required to transfer the public record in that
media. (In order to maintain the security of the Township electronic
files the Township reserves the right to require the requestor to
receive the public record on a transfer devices purchased by the Township.)
C. Postage fee not to exceed actual mailing costs.
D. Request for certification shall be charged $1 per document regardless
of the amount of pages. Each document requires separate certification
and fee.
E. All third party charges incurred by the Township necessary to fulfill
the request. With the exception of legal fees incurred to determine
if records are public records.
F. Township employee hourly rate for the time spent fulfilling the request.
With the exception of time spent reviewing a record to determine if
it is a public record and making duplications.
2. If any of the above established fees is preempted by a fee schedule
established by the Office of Open Records, the Township shall charge
the fee established by the Office of Open Records. To the extent possible,
the Open Records Officer will make the direct charges known to the
requester before the request is filled, and advise the requester if
personnel costs will be charged. If the total charge exceeds $100,
the requester will be required to pay costs before the documents are
prepared.
3. A schedule of all current fees is to be available from the Open Records
Officer.
[Res. 2008-16, 12/30/2008, § VIII]
The conditions under which a requestor may review public records
in the control of the Township are subject to the procedures and policies
established by the Township based on the time and location of the
requestor's review and the materials to be reviewed.
[Res. 2008-16, 12/30/2008, § IX]
The Township has appointed a Deputy Open Records Officer who
is responsible for ensuring that the public has proper access to public
records in the custody of the Township when the Open Records Officer
is unable to perform the duties assigned to the position under the
Right to Know Law or this Part. During the time the Deputy Open Records
Officer performs any of the duties of the Open Records Officer, the
Deputy Open Records Officer shall follow the policies and procedures
described in this Part.