[Res. 2002-04, 12/9/2002]
The following words and phrases when used in this Part shall
have the meanings given to them in this Section unless the context
clearly indicates otherwise:
The Board of Supervisors of Wolf Township.
Any account, voucher or contract dealing with the receipt
or disbursement of funds by Wolf Township or its acquisition, use
or disposal of services or supplies, materials, equipment or other
property and any minute, order or decision by Wolf Township fixing
the personal or property rights, privileges, immunities, duties or
obligations of any person or group of persons: Provided, that the
term "public records" shall not mean any report, communication or
other paper, the publication of which would disclose the institution
progress or result of an investigation undertaken by Wolf Township
in the performance of its official duties; it shall not include any
record, document, material, exhibit, pleading, report, memorandum
or other paper, access to or the publication of which is prohibited,
restricted or forbidden by statute, law or order of decree of court,
or which would operate to the prejudice or impairment of a person's
reputation or personal security, or which would result in the loss
by Wolf Township of Federal funds, excepting therefrom however the
record of any conviction for any criminal act.
Any document maintained by Wolf Township, in any form, whether
public or not.
A person who is a resident of the Commonwealth of Pennsylvania
and requests a record pursuant to this Act.
Access to a record or the Township's written notice granting,
denying or partially granting and partially denying access to a record.
The Secretary/Treasurer or acting Secretary/Treasurer of
Wolf Township.
The municipality of Wolf Township.
[Res. 2002-04, 12/9/2002]
1.
General
Rule. Unless otherwise provided by law, a public record of Wolf Township
shall be accessible for inspection and duplication by a requester
in accordance with this Part. A public record shall be provided to
a requester in the medium requested if the public record exists in
that medium; otherwise, it shall be provided in the medium in which
it exists. Public records shall be available for access during the
regular business hours of the Township. Nothing in this Part shall
provide for access to a record which is not public record.
2.
Requests.
The Township will not fulfill verbal requests for access to records
or anonymous requests for access to records. In the event that the
requester wishes to pursue the relief and remedies provided for in
the Right to Know Law, the requestor must initiate such relief with
a written request. All requests for records must be in writing.
3.
Written
Requests. A written request form to access records may be obtained
from the Secretary/Treasurer of Wolf Township, 695 Route 405 Highway,
Hughesville, PA 17737. The form may be received in person, by mail,
or by facsimile. Written requests shall identify or describe the records
sought with sufficient specificity to enable the Township to ascertain
which records are being requested and shall include the name and address
to which the Township should address its response. A written request
need not include any explanation of the requester's reason for requesting
or intended use of the records.
4.
Creation
of a Public Record. When responding to a request for access the Township
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 it does not currently compile, maintain, format
or organize the public record.
5.
Conversion
of an Electronic Record to Paper. If a public record is only maintained
electronically or in other nonpaper media, the Township shall, upon
request, duplicate the public record on paper when responding to a
request for access in accordance with this resolution.
[Res. 2002-04, 12/9/2002]
1.
The Township
may not deny a requester access to a public record due to the intended
use of the public record by the requester.
2.
Redaction.
If the Township determines that a public record contains information,
which is subject to access as well as information which is not subject
to access, the Township'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 Township shall redact from the public record the information which
is not subject to access. The Township may not deny access to the
public record if the information which is not subject to access is
able to be redacted. Information which the Township redacts in accordance
with this subsection shall be deemed a denial under §1-503.3.
3.
The Township's
Response to Written Requests for Access.
A.
General
Rule. Upon receipt of a written request for access to a record, the
Township shall make a good faith effort to determine if the record
requested is a public record and to respond 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 Township. If the Township fails to send the response
within five business days of receipt of the written request for access,
the written request for access shall be deemed denied.
B.
Exception.
Upon receipt of a written request for access, if the Township determines
that one of the following applies:
(1)
The
request for access requires redaction of a public record in accordance
with §1-503.2.
(2)
The
request for access requires the retrieval of a record stored in a
remote location.
(3)
A
timely response to the request for access cannot be accommodated due
to bona fide and specified staffing limitations.
(4)
A
legal review is necessary to determine whether the record is a public
record subject to access under the Right to Know Law.
(5)
The
requestor has not complied with the Township's policies regarding
access to public records.
(6)
The
requestor refuses to pay applicable fees.
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then the Township shall send written notice to the requester within five business days of its 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 Subsection A, the request for access shall be deemed denied.
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C.
Denial.
If the response of the Township is a denial of a written request for
access, whether in whole or in part, a written response shall be issued
and include:
(1)
A
description of the record requested.
(2)
The
specific reason(s) for the denial, including a citation of supporting
legal authority. If the denial is the result of a determination that
the record requested in not a public record, the specific reasons
for the Township'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)
Date
of the response.
(5)
The
procedure to appeal the denial of access under this Part.
D.
Certified
Copies. If the Township's response grants a request for access, it
shall, upon request, provide the requester with a certified copy of
the public record if the requester pays the applicable fees pursuant
to §1-507.
4.
Final Determination.
A.
Filing
of Exceptions. If a written request for access is denied, the requester
may file exceptions with the Township Board of Supervisors within
15 days of the mailing date of the response or within 15 days of a
deemed denial. The exceptions shall state grounds upon which the requester
asserts that the record is a public record and shall address any grounds
stated by the Township for delaying or denying the request.
B.
Determination.
Unless the requester agrees otherwise, the Board of Supervisors or
its designee 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 Board of Supervisors
or its designee may conduct a hearing. The determination shall be
the final order of the Township. If the Board of Supervisors or its
designee determines that the request for access was correctly denied,
then the Township shall provide a written explanation to the requester
of the reason for the denial.
[Res. 2002-04, 12/9/2002]
1.
Within
30 days of a denial by the Township under §1-503.3, or of the
mailing date of a final determination of the Township affirming the
denial of access, a requester may file a petition for review or other
document as might be required by rule of court with the Court of Common
Pleas of Lycoming County or bring an action in the local magisterial
district having jurisdiction.
2.
Notice.
The Township shall be served notice of any court or other actions
commenced, and shall have an opportunity to respond in accordance
with applicable court miles.
[Res. 2002-04, 12/9/2002]
1.
Postage.
The Township may impose a fee for postage, which may not exceed the
actual prevailing cost of mailing.
2.
Duplication.
The Township may impose fees for duplication of public records by
photocopying, printing from electronic media, copying onto electronic
media, transmission by facsimile or other electronic means and other
means of duplication, which fees shall be the lesser of $0.50 per
sheet or the prevailing fee for comparable duplication services provided
by local business entities in the Lycoming County area.
3.
Certification.
The Township may impose a fee of $10 for official certification of
copies if the certification is at the behest of the requester and
for the purpose of legally verifying the public record.
4.
Conversion to Paper. If a public record is only maintained electronically or in other nonpaper media, the Township may impose fees, which shall be limited to $0.50 per paper page or the fee for duplication in the native media, as provided by Subsection 2 unless the requester specifically requests for the public record to be duplicated in the more expensive medium.
6.
Other Fees/Limitations.
Except as otherwise provided by statute, no other fees may be imposed.
A reasonable fee equal to the actual cost shall be imposed if the
Township, out of necessity incurs costs not otherwise described in
this resolution for complying with the request. However, the Township
recognizes it may not impose a fee for its review of a record to determine
whether the record is a public record subject to access.
7.
Prepayment.
Before granting a request for access in accordance with this policy,
a requester shall prepay an estimate of the fees authorized under
this section if the fees required to fulfill the request are expected
to exceed $100. In no event will any public records or reports be
released until requester fast pays the Township all fees due and payable.
