[Res. R-08-15, 10/15/2008; as amended by Ord. 561, 4/25/2012]
A requested of records shall state the records being requested
with sufficient specificity and shall, if the requester intends to
preserve the right to appeal a decision by the Open Records Officer,
complete an information request form provided by the Office of Open
Records and/or the Township.
[Res. R-08-15, 10/15/2008; as amended by Ord. 561, 4/25/2012]
The Township hereby designates the Township Manager of the Township
as the Open Records Officer in accordance with the Pennsylvania Right-to-Know
Law, 65 P.S. § 67.101 et seq., and said Open Records Officer
shall receive requests submitted to the Township under the Right-to-Know
Law, direct requests to other appropriate persons within the Township
or to another agency, if applicable, track the Township's progress
in responding to requests and issue responses, as required by the
Right-to-Know Law.
[Res. R-08-15, 10/15/2008]
If a requested record contains both public record information
as well as nonpublic record information, the Township may redact the
nonpublic information from the record.
[Res. R-08-15, 10/15/2008]
1.
Upon receipt of a written request for access to a public record,
the Township shall make a good faith effort to respond as promptly
as possible under the circumstances existing at the time of the request.
The response shall not exceed five business days from the date of
written request. The failure of the Township to respond in the designated
time frame is equivalent to the denial of the request with the following
exceptions:
A.
The request requires the redaction of information within a public
record.
B.
The request requires the retrieval of the document from a remote
location.
C.
A timely response cannot be accomplished due to legitimate staffing
limitations.
D.
A legal review is necessary.
E.
The requester did not comply with the Township's policies regarding
public access.
F.
The requester refuses to pay fees.
G.
The extent or nature of the request precludes a response within the
required time period.
2.
If one or more of the above exceptions apply, the Township shall
send written notice to the requester within five business days of
the request stating the request is being reviewed, the reason for
review and the exception that applies, the expected response date
and an estimate of applicable fees owed when the record becomes available.
If a response is expected more than 30 days after the five-day period,
the request is deemed denied unless otherwise agreed to by the requester
in writing.
[Res. R-08-15, 10/15/2008]
1.
If the request is denied, the following will be included with the
denial:
A.
Description of the record requested.
B.
Specific reasons for the denial, including a citation of supporting
legal authority.
C.
Typed or printed name, title, business address, business telephone
number and signature of the open records officer on whose authority
the denial was issued.
D.
Date of response.
E.
Appeal procedure.
[Res. R-08-15, 10/15/2008]
If the request 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 the Pennsylvania Right-to-Know
Law, 65 P.S. § 67.101 et seq., within 15 business days of
the mailing date of the Township's response or deemed denial. The
appeal shall proceed in accordance with the Pennsylvania Right-to-Know
Act. 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 Township for denying or delaying the request.
[Res. R-08-15, 10/15/2008; as amended by Ord. 561, 4/25/2012]
Paper copies will be in an amount as established, from time
to time, by resolution of the Board of Supervisors, per page. If mailing
is requested, the cost of postage will be charged. If the record is
available on a disk, it will be provided by the Township at the cost
in an amount as established, from time to time, by resolution of the
Board of Supervisors, per disk. A new disk will be necessary each
time records are provided. If the Township determines that the total
fees will exceed $100, the Township will require prepayment. In the
event of a conflict between this section and the fee structure established
by the Office of Open Records, the Office of Open Records' fee structure
shall control.
[Res. R-96-25, 10/9/1996]
1.
In addition to any other statutorily permitted warrantless arrest,
officers of the Northampton Township Police Department shall be permitted
to effect a warrantless arrest of a person violating the following
provisions of the Crimes Code, 18 Pa.C.S.A. § 101 et seq.
[Res. R-96-25, 10/9/1996]
[Res. R-96-25, 10/9/1996]
1.
Following any such warrantless arrest, the arresting officer(s) shall:
A.
Immediately transport the defendant to the Township Police Department
for processing and issuance of a citation.
B.
Process the defendant without unnecessary delay and furnish a copy
of the citation.
C.
Release the defendant, provided that he is no longer in a position
to imperil his personal security or the personal security of another.
D.
In the case of juvenile defendants:
(1)
Make timely attempts to contact a parent, guardian or other
responsible adult who shall have an interest in such juvenile.
(2)
Release the juvenile to a parent, guardian or other responsible
adult promptly after completion of processing and the issuance of
a citation.
(3)
Contact the Juvenile Probation Department to arrange shelter
for such juvenile if, after a period of six hours, a parent, guardian
or other responsible adult cannot be contacted or shall refuse to
accept custody of the juvenile.
