[Res. 18-2008, 12/11/2008, § 1]
The purpose of this policy is to assure compliance with Act
3 of 2008, the Pennsylvania Right-to-Know Law, as amended; to provide
access to public records of Borough of Shillington; to preserve the
integrity of Borough's records; and to minimize the financial
impact to the residents of the Borough regarding the resources utilized
in the receipt and processing of public record requests and the retrieval
and copying of public records.
[Res. 18-2008, 12/11/2008, § 2]
1. It is the policy of the Borough to require the presence of a designated
employee when public records are examined and inspected and to charge
reasonable fees for duplication of public records of the Borough.
The Borough of Shillington designates the Borough Manager as the Open
Records Officer for the year 2009, and for each successive year shall
be designated by resolution, responsible for assuring compliance with
the Pennsylvania Right-to-Know Law, in accordance with the following
guidelines:
A. The Borough Manager may designate certain employee(s) to process
public record requests.
B. The Borough Manager is responsible for minimizing, where possible,
the financial impact to the Borough regarding the resources utilized
in the receipt and processing of public record requests and the retrieval
and copying of public records.
[Res. 18-2008, 12/11/2008, § 3]
All request for public records of the Borough under this policy
shall be specific in identifying and describing each public record
requested. In no case shall the Borough be required to create a public
record which does not 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 the public record. All requests
for public records shall be submitted in writing and include the date
of the request; requestor's name, address, and telephone number;
certification of United States residency; signature of requestor;
and if duplication is requested, appropriate payment.
[Res. 18-2008, 12/11/2008, § 4]
1. The designated employee shall make a good faith effort to determine
whether each record requested is a public record.
2. The Borough shall facilitate a reasonable response to a request for
Borough of Shillington's public records. In no case is the Borough
expected to provide extraordinary staff to respond to the request,
but will respond in a manner consistent with the Borough's administrative
responsibilities and consistent with the requirements of the Pennsylvania
Right-to-Know Law.
3. The designated employee shall respond to the requester within five
business days from the date of receipt of the written request. If
the Borough does not respond within five business days of receipt
thereof, the request is deemed denied.
4. The response provided by the Borough shall consist of (A) approval
for access to public records; (B) review of the request by the designated
employee; or (C) denial of access to the record requested.
5. If access to the public record requested is approved, the public
record shall be available to access during the regular business hours
of the Borough. The designated employee shall cooperate fully with
the requester, while also taking reasonable measures to protect Borough
public records from the possibility of theft and/or modification.
The presence of a designated employee is required when public records
are examined and inspected.
6. Review. If the request is being reviewed, the notice provided by
the Borough shall be in writing and include the reason for the review
and the expected response date, which shall be within 30 days of the
notice of review. If the Borough does not respond within 30 days thereof,
the request is deemed denied. Review of the request is limited to
situations where:
A. The record requested contains information which is subject to access,
as well as information which is not subject to access that must be
redacted prior to a grant of access. The redacted information is considered
a denial as to that information.
B. The record requires retrieval from a remote location.
C. A timely response cannot be accomplished due to staffing limitations.
D. A legal review is necessary to determine whether the record request
is a public record.
E. The requester has failed to comply with the Borough's policy
and procedure requirements.
F. The requester refuses to pay the applicable fees.
G. The extent or nature of the request precludes a response within the
required time period.
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Upon a determination that one of the factors listed above applies,
the Borough shall send written notice to the requester within five
business days of receipt of the request for access. The notice shall
include a statement notifying the requester that the request for access
is being reviewed, the reason for the review, a reasonable date that
a response is expected to be provided and an estimate of applicable
fees owed when the record becomes available. If the date that a response
is expected to be provided is in excess of 30 days, following the
five business days allowed for, the request for access shall be deemed
denied unless the requester has agreed in writing to an extension
to the date specified in the notice. If the requester agrees to the
extension, the request shall be deemed denied on the day following
the date specified in the notice if the agency has not provided a
response by that date.
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7. Denial. If access to the record requested is denied, the notice provided
by the Borough shall be in writing as indicated on the form attached
hereto entitled "Denial of Request to Review and/or Duplicate Borough
of Shillington Records."
[Res. 18-2008, 12/11/2008, § 6]
1. If the request is denied or deemed denied, the requester may file
an appeal with the Commonwealth's Office of Open Records within
15 days of a deemed denial. The appeal 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.
2. Within 30 days of the mailing date of the final determination of
the appeals officer, the requester of Borough may file a petition
for review or other document as required by rule of court with the
Court of Common Pleas for Berks County. The decision of the court
shall contain findings of fact and conclusions of law based upon the
evidence as a whole. The decision shall clearly and concisely explain
the rationale for the decision. A petition for review under this section
shall stay the release of documents until a decision is issued.
[Res. 18-2008, 12/11/2008, § 7]
1. Fees for duplications of public records shall be as established by
the Commonwealth's Office of Open Records. The Borough may at
its discretion waive fees.
2. In the event the estimated cost of fulling a request submitted under
this policy is expected to exceed $100, the designated employee(s)
shall obtain the expected cost in advance of fulfilling the request
to avoid unwarranted expense of Borough resources.
[Res. 18-2008, 12/11/2008, § 8]
This policy shall be available for review at the Borough office.
[Res. 18-2008, 12/11/2008, § 10]
This Part shall become effective on January 1, 2009.