[1]
Editor's Note: Former Part 18, Public Records, adopted by Res. 2009-01, 1/5/2009, was repealed by Res. No. 2024-07, 11/12/2024.
[Added Res. No. 2024-07, 11/12/2024]
Ralpho Township ("Agency") adopts this policy pursuant to Section 504(a) of the Right-to-Know Law, 65 P.S. §§ 67.101 through 67.3104 ("RTKL"). The Agency has made this policy available to the public at the Township office, and on its public website, along with a Right-to-Know Request Form.
[Added Res. No. 2024-07, 11/12/2024]
All of the definitions set forth in the RTKL are incorporated into this policy by reference.
AORO
The Agency Open Record Officer designated by the Agency pursuant to § 1804 of this policy.
BUSINESS DAY
The regular business hours of the Agency are Monday through Friday from 8:00 a.m. to 4:00 p.m. Business days exclude Saturday and Sunday and a weekday on which the Agency is closed for business.
[Added Res. No. 2024-07, 11/12/2024]
A. 
Open Records Officer. The Agency has designated an AORO to respond to RTKL requests.
1. 
The contact information for the AORO is:
Debra L. Olson, AORO
By Mail:
206 South Market Street, Suite 1
Elysburg, PA 17824
In Person:
206 South Market Street, Suite 1
Elysburg, PA 17824
Phone:
570-672-9236
Fax:
570-672-1963
Email:
dolson@ralphotownship.org
2. 
The contact information for the AORO is posted on the Agency website.
B. 
Requests must be submitted in writing using the Agency Right-to-Know Request Form or the RTKL Uniform Request Form available on the Agency website and must be addressed to the AORO. If a requester chooses not to use the Agency Right-to-Know Request Form or the RTKL Uniform Request Form, the request will be considered an informal request, not subject to the RTKL. This means that the requester cannot pursue the relief and remedies provided for in the RTKL. To allow the Agency to locate requested records and determine whether those records are public, requests for records should be specific and concise and clearly identify, as precisely as possible, the records sought. Requesters should clearly indicate the preferred method of access: paper copies, electronic copies or by inspection. A requester should retain a copy of the request, as a copy of the request is necessary should a requester appeal the Agency response.
C. 
Receipt of the Request. For the purpose of calculating the response deadline, the Agency is deemed to have received the request on the business day that the AORO receives the request. Any request that is received by the Agency after the close of regular business hours shall be deemed to be received on the next business day. If the request is received by an Agency employee other than the AORO, the request will be forwarded to the AORO as soon as practical.
D. 
Verbal Requests. The Agency may respond to verbal requests for records at its discretion. Requesters submitting verbal requests for records should be aware that they may not pursue the remedies available to a requester under the RTKL.
E. 
Anonymous Requests. The Agency will not respond to anonymous requests for records.
F. 
Response Period Generally. The Agency has five business days to respond to a request for records under the RTKL. If any Agency does not respond, the request is considered "deemed denied" and a requester's appeal rights commence.
[Added Res. No. 2024-07, 11/12/2024]
A. 
Extension of Time for Response. The Agency is permitted to take an additional 30 calendar days to respond to any request for the reasons set forth in Section 902 of the RTKL. If the Agency invokes an extension, the Agency will inform the requester in writing, in accordance with the requirements set forth in Section 902(b)(2) of the RTKL.
B. 
Requester's Agreement to Extend the Response Period. The requester may agree, in writing, to extend the Agency response period. The requester must agree to the extension during the initial five business-day-response period or the extended 30 calendar-day-response period, if the Agency has invoked one.
C. 
Trade Secrets. If a request involves records provided to the Agency by a third party and the third party previously provided the Agency with a written statement that the record contains a trade secret or confidential proprietary information, the Agency shall provide notice to the third party.
D. 
Final Response. The Agency may grant a request, partially grant and partially deny a request, or deny a request in its entirety. The final response of the Agency will be in writing. Should the Agency fail to issue a response within the applicable response period, the request is deemed denied.
1. 
Granting Access to Records. The Agency may grant a request for records by issuing a response: (a) granting access to inspect Agency records during the Agency's regular business hours; (b) sending copies of the records to the requester; or (c) by notifying the requester that the records are available on the Agency website or other publicly accessible electronic means.
2. 
Denying or Partially Denying Access to Records. Should the Agency deny or partially deny a request for records through redaction or otherwise, the Agency will inform the requester of the denial or partial denial in writing. The response will describe the requested records, inform the requester that the Agency does not possessive the responsive records, or, if the records are exempt from public access, provide a citation to the relevant legal basis for withholding the requested records. Additionally, the response will provide the name, signature, title, business address and telephone number of the Open Records Officer who denied the request, as well as the date of the response and the procedure to appeal the denial.
E. 
Fees. Paper copies shall be $0.25 per page per side. The certification of a record is $1 per record. Specialized documents including, but not limited to, blue prints, color copies and non-standard size documents shall be charged the actual cost of reproduction. If mailing is requested, the cost of postage will be charged. The Township shall require prepayment if the total fees are estimated to exceed $100.
[Added Res. No. 2024-07, 11/12/2024]
A. 
Generally. To challenge the denial, partial denial, or deemed denial of a request for Agency records, an appeal may be filed using the OOR appeal form, available at http://www.openrecords.pa.gov/Appeals/AppealForm.cfm. or by contacting the OOR at the following address:
Office of Open Records
Commonwealth of Pennsylvania
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
openrecords@pa.gov
Criminal Investigative Records. To challenge the denial of a request or portion of a request on the basis that records were withheld because they are related to criminal investigative records, an appeal should be filed by contacting:
Northumberland County District Attorney
201 Market Street
Sunbury, PA 17801
B. 
Requirements of an Appeal. All appeals must be filed within 15 business days of the mailing date of the Agency's denial, partial denial or deemed denial of the request. All appeals must be in writing; must state the grounds upon which the requester asserts that the requested records are public records; must address any grounds stated by the Agency for denying the request; and must include a copy of the request and the Agency's response, if any.
[Added Res. No. 2024-07, 11/12/2024]
Agency Must Notify Third Parties. If records affect a legal or security interest of an employee of the agency; contain confidential, proprietary or trademarked records of a person or business entity; or are held by a contractor or vendor, the Agency must notify such parties of the appeal immediately and provide proof of that notice to the OOR within seven business days from the date of the OOR's Official Notice of Appeal. Such notice must be made by: (1) providing a copy of all documents included with the appeal to the OOR; and (2) advising that interest persons may request to participate in the appeal.
[Added Res. No. 2024-07, 11/12/2024]
The RTKL requires the OOR to establish an informal mediation process to resolve disputes under the RTKL. This is a voluntary process to help parties reach a mutually agreeable settlement on records disputes before the OOR. Mediation, a facilitated conversation between the parties that can serve as a fair and efficient tool to resolve conflict, can save time and expense. When appropriate, the Agency is open to resolving RTKL disputes through the OOR's mediation process.
[Added Res. No. 2024-07, 11/12/2024]
The Agency's record retention policy is available at the Township office.
Notwithstanding any other existing record retention policy, once a RTKL request is received, the Agency shall maintain, preserve, retain, protect and not destroy any and all records, both electronic and hard copy, that are potentially responsive to the request until such time as the request is fulfilled and all associated appeals are resolved.