[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Frederick as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-5-2009 by Res. No. 2009-01[1]]
[1]
Editor's Note: This resolution also repealed former Art. I,
Access to Public Records, adopted 12-12-1998 by Res. No. 98-16, as
amended.
This policy shall govern all requests made for access to the
public records of Upper Frederick Township (the "Township") and shall
repeal any previous policy adopted by the Township.
For the purpose of this policy:
Shall have the meaning given to such term under Pennsylvania
Act 3 of 2008 (the "Act"), also known as the "Right-to-Know Law,"[1] as amended, to the date of adoption of this policy, including
a financial record, that:
The Township designates the Township Manager, Jackie Tallon,
or her successor, to act as the Open Records Officer of the Township.
Ms. Tallon's contact information is set forth below;
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Mailing Address:
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Jackie Tallon
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Upper Frederick Township
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P.O. Box 597
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Frederick, Pennsylvania 19435
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Telephone:
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(610) 754-6436
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Fax:
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(610) 754-6828
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E-mail:
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jtallon@twp.upper-frederick.pa.us
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Requests for public records can be made by any person who is
a legal resident of the United States and also by other local agencies.
The Township may permit an oral request for a public record or require
the request to be in writing. However, if the requester wishes to
pursue the relief and remedies provided for in the Right-to-Know Law,
the request for access to records must be a written request. A written
request for access to records may be submitted in person, by mail,
by e-mail or by facsimile. The form which may be used to file a request
is posted at the Township Office and, if the Township does develop
an Internet website, at that website. All written requests must be
addressed to the Open Records Officer. In the event that a written
request for records is addressed to a Township employee other than
the Open Records Officer, the Township employee is hereby directed
to promptly forward such request to the Open Records Officer.
All applicable fees shall be paid in order to receive access
to the record requested. The following fees are hereby established
by the Township:
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Record Type
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Fee
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Copies: A "photocopy" is either a single-sided copy or one side
of a double-sided black-and-white copy of a standard 8.5" x 11" page.
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$0.25 per page
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Certification of a record
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$1 per record, not per page. Certification fees do not include
notarization fees.
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Specialized documents, for example, but not limited to, blueprints,
color copies, nonstandard-sized documents.
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Actual cost
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Facsimile, microfiche, other media
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Actual cost
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Redaction fee
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No redaction fee may be charged.
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Conversion to paper
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If a record is only maintained electronically or in other nonpaper
media, duplication fees shall be limited to the lesser of the fee
for duplication on paper or the fee for duplication in the original
media, unless the requester specifically requests for the record to
be duplicated in the more expensive medium [Section 1307(e)[1]].
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Postage fees
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Fees for postage may not exceed the actual cost of mailing.
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Prepayment: Prior to granting a request for access in accordance
with this Act, an agency may require a requester to prepay an estimate
of the fees authorized under this section if the fees required to
fulfill the request are expected to exceed $100.
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Payment at delivery: Once the request is fulfilled and prepared
for release, the Township should obtain the cost of the records prior
to releasing the records.
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[1]
Editor's Note: See 65 P.S. § 67.1307(e)
The time for response shall not exceed five business days from
the date the written request is received by the Open Records Officer.
Upon receipt of a written request, the Open Records Officer
shall determine if the request for access requires redaction of a
record, requires a legal review to determine whether the record is
a record subject to access under the Act, or if one of the other reasons
exist which would allow an extension of time for response under Section
902 of the Act.[1] Otherwise, the time for response shall not exceed five
business days from the date the written request is received by the
Open Records Officer. If the Township fails to send the response within
five business days, the written request for access shall be deemed
denied. If the agency's response is a denial, the denial shall
be issued in writing and shall include the information required by
Section 903 of the Act.[2]
If a written request for access of a record is denied, or deemed
denied, the requester may file an appeal with the Office of Open Records
within 15 business days of the mailing date of the Township's
response or within 15 days of a deemed denial. The written appeal
should be sent to:
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Terry Mutchler, Executive Director
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Office of Open Records
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Commonwealth Keystone Building
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400 North Street, Fourth Floor
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Harrisburg, Pennsylvania 17120
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The Office of Open Records website is:
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http://openrecords-state.pa.us
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Nothing in this policy or in the Right-to-Know Law shall be
construed to require access to any computer of the Township or that
of an individual or employee of the Township.
If a public record request involves both information subject
to public access and information not subject to public access, the
Township shall grant access to those portions subject to public access.
The Township shall remove or redact any record or portion not subject
to public access. The Township shall remove or redact only any record
or portion not subject to public access.
The Township shall notify the person or entity seeking access
as to when the records are available for inspection. Inspection shall
be made at the Township's offices: 3205 Big Road, Obelisk, Upper
Frederick Township, Pennsylvania 19492, unless the Township designates
an alternative location where the records can be reviewed. Inspection
shall be made between 9:00 a.m. and 4:00 p.m. during any weekday (Monday
through Friday), except public holidays or days when the Township's
offices are not otherwise generally available and open for business.
The Township shall not designate an alternative location unless the
above location is not available or unless some or all of the requested
records are being kept at a location other than the above location
or unless another sound reason exists for the designation of an alternative
location.
It is the intent of the Township to comply with all applicable
laws, including all statutes and regulations, which apply to the matters
covered in this policy. This includes all federal, state, county,
municipal or other law binding on the Township. To the extent anything
in this document shall be inconsistent with or prohibited by any provision
of any applicable statute or regulation bearing on these matters and
binding on the Township, then the provisions of this policy shall
be deemed to be amended to the extent necessary for these policies
not to be in violation of any statute or regulation. To the extent
any portion of this policy shall be inconsistent with or in violation
of any applicable statute or regulation and there is more than one
possible method by which the policies could be altered so as to remove
such inconsistency or violation, then this policy shall be deemed
amended in the manner which results in the least possible change while
still resulting in this policy being in compliance with all applicable
statutes and regulations, it being the intention that if more than
one change in this policy would cure how this policy would otherwise
be in violation of any statute or regulation, then this policy shall
be deemed amended in this manner so that after such deemed amendment,
this policy remains as closely as possible to the terms and intent
of the policy as adopted by the Township.
If there is any question or uncertainty as to the interpretation
or effect of this policy, a written request for an interpretation
or explanation or clarification shall be sent to either:
These policies shall be in effect for all requests of public
records made on or after the policies are adopted by a resolution
by the Board of Supervisors of Upper Frederick Township.
A copy of this policy must be posted prominently at the Township
offices.
