[HISTORY: Adopted by the Board of Commissioners of the Township
of Muhlenberg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-18-2006 by Res. No. 2006-62; amended in its entirety 12-15-2008 by Ord. No. 463 (Ch.
34, Art. I, of the 1982 Code)]
A.
All requests for
access to public records of the Township of Muhlenberg shall be made
in writing, verbally (in person or telephonically), by e-mail or by
facsimile.
B.
All requests for
access to public records of the Township of Muhlenberg shall be directed
to the Township Open Records Officer, appointed by the Board of Commissioners,
at: Township of Muhlenberg, 210 George Street, Reading, Pennsylvania
19605; telephone (610) 929-4727; facsimile (610) 921-3764.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When a request is received for access to public
records, the Township shall make a determination within five business
days of receipt of the request to grant or deny the request. The person
or entity requesting the information shall be promptly notified of
the Township's decision.
A.
If after receiving
a request for access to public records the Township determines any
of the following circumstances exist, the person or entity requesting
access to the records shall be issued a notice that the request is
being reviewed.
(1)
The request
for access requires redaction of a public record;
(2)
The request
for access requires retrieval of a record stored in a remote location;
(3)
A timely response
to the request for access cannot be accomplished due to bona fide
and specified staff limitations;
(5)
The person
or entity requesting access to the public record has not complied
with the Township's policies regarding access to public records;
(6)
The person requesting access to the record refuses to pay applicable fees as authorized by the Right-To-Know Law and set forth in § 75-5; or
(7)
The extent
or nature of the request precludes a response within the required
time period.
B.
The person or entity
requesting access to the public record shall be informed in writing
within five business days as to the reason that his/her/its request
is being reviewed, a reasonable date that a response is expected to
be provided and an estimate of applicable fees owed when the records
becomes available. If the date that a response is expected to be provided
is in excess of 30 days, following the five business days, 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 a request for access to public records is
denied, the person or entity requesting the records shall be informed
of the reason that the request has been denied and shall be given
the authority relied upon by the Township for denying access. The
notice of denial shall contain a description of the record requested;
the printed name, title, business address, and business telephone
number of the person making the decision to deny access to the public
record; the date of the denial; and shall include the signature of
the person denying access, along with an explanation of the procedures
for appealing the Township's denial of access to the records in question.
A.
Fees for postage,
duplication by photocopying, printing from electronic media or microfilm,
copying onto electronic media, transmission by facsimile or other
electronic means, and other means of duplication, certification, conversion
to paper, and enhanced electronic access are as set forth in the current
Schedule of Fees of the State Office of Open Records
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Township, in
its sole discretion, may waive the fees for duplication of public
records if the Township determines that it is in the public interest
to do so.
If the estimated costs of duplication of a public
record are expected to exceed $100, the Township may require the person
or entity requesting the record to prepay the estimated fees authorized
by this policy prior to providing access to the public record. Access
to the records requested shall be postponed until prepayment is received.
The Township shall utilize the uniform form
provided by the Commonwealth Office of Open Records to process all
requests for access to the Township's public records. When completed,
a copy of the form shall be given to the person requesting the information
and a copy shall be retained by the Township.
