Right To Know Policy
Southwest Delaware County Municipal Authority
Open Records Policy
Be it resolved this 22nd day of December, 2008, that the Board of Directors does hereby adopt the following policy known as the Authority’s Open Records Policy.
The purpose of this policy is to assure compliance with Act 3 of 2008,
The Pennsylvania Right-to-Know Law, as amended; to provide access to public records of The Authority; to preserve the integrity of The Authority’s records; and to minimize the financial impact to the residents of the Authority regarding the resources utilized in the receipt and processing of public record requests and the retrieval and copying of public records.
It is the policy of the Authority to require the presence of a designated employee when public records are examined and inspected and to charge reasonable fees for duplication of public records of the Authority.
The Authority designates Cecelia Nelson as the Open Records Officer for assuring compliance with the Pennsylvania Right-to-Know Law, in accordance with the following guidelines:
A. Cecelia Nelson may designate certain employee(s) to process public record requests.
B. Cecelia Nelson is responsible for minimizing, where possible, the financial impact to the Authority regarding the resources utilized in the receipt and processing of public record requests and the retrieval and copying of public records.
C. All requests for public records of the Authority under this policy shall be specific in identifying and describing each public record requested. In no case shall the Authority be required to create a public record which does not exist or to compile, maintain, format or organize a public record in a manner in which the Authority does not currently compile, maintain, format or organize the public record. All requests for public records shall be submitted in writing and include the date of the request; requestor’s name, address, and telephone number, certification of United States residency; signature of requestor; and if duplication is requested, appropriate payment.
D. The designated employee shall make a good faith effort to determine whether each record requested is a public record.
E. The Authority shall facilitate a reasonable response to a request for The Authority’s public records. In no case is the Authority expected to provide extraordinary staff to respond to the request, but will respond in a manner consistent with the Authority’s administrative responsibilities and consistent with the requirements of the Pennsylvania Right-to-Know Law.
F. The designated employee shall respond to the requester within five (5) business days from the date of receipt of the written request. If the Authority does not respond within five (5) business days of receipt thereof, the request is deemed denied.
G. The response provided by the Authority shall consist of
- approval for access to the public record;
- review of the request by the designated employee; or
- denial of access to the record requested.
H. If access to the public record requested is approved, the public record shall be available for access during the regular business hours (M-F 8:00-4:00) of the Authority. The designated employee shall cooperate fully with the requester, while also taking reasonable measures to protect Authority public records from the possibility of theft and/or modification. The presence of a designated employee is required when public records are examined and inspected.
I. Fees for duplication of public records shall be as established by the Commonwealth’s Office of Open Records. The Authority may at its discretion waive fees. The Authority will initially charge twenty five cents ($.25) per page for copies; postage at cost for any mailing not fitting in a standard size envelope; and one Dollar and fifty Cents ($1.50) for certification.
J. In the event the estimated cost of fulfilling a request submitted under this policy is expected to exceed $100.00, the designated employee(s) shall obtain the expected cost in advance of fulfilling the request to avoid unwarranted expense of Authority resources.
K. If the request is being reviewed, the notice provided by the Authority shall be in writing and include the reason for the review and the expected response date, which shall be within thirty (30) days of the notice of review. If the Authority does not respond within thirty (30) days thereof, the request is deemed denied. Review of the request is limited to situations where:
a. The record requested contains information which is subject to access, as well as information which is not subject to access that must be redacted prior to a grant of access. The redacted information is considered a denial as to that information;
b. The record requires retrieval from a remote location;
c. A timely response cannot be accomplished due to staffing limitations;
d. A legal review is necessary to determine whether the record requested is a public record;
e. The requester has failed to comply with the Authority’s policy and procedure requirements; or
f. The requester refuses to pay the applicable fees.
g. The extent or nature of the request precludes a response within the required time period.
Upon a determination that one of the factors listed above applies, the Authority shall send written notice to the requester within five business days of receipt of the request for access. The notice shall include a statement notifying the requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided with an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for, 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 the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the agency has not provided a response by that date.
L. If access to the record requested is denied, the notice provided by the Authority shall be in writing as indicated on the form attached hereto entitled “Denial of Request to Review and/or Duplicate Authority Records.”
M. If the request is denied or deemed denied, the requester may file an appeal with the Commonwealth’s Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th floor, Harrisburg, PA 17120, telephone number 717-346-9903, within fifteen (15) business days of the mailing date of The Authority’s notice of denial, or within fifteen (15) days of a deemed denial. The appeal shall state the grounds upon which the requester asserts that the record is a public record and shall state the ground upon which the requester asserts that the record is a public record and shall address any grounds stated by the agency for delaying or denying the request.
N. Within 30 days of the mailing date of the final determination of the appeals officer, the requester of Authority may file a petition for review or other document as required by rule of Court with the Court of Common Please for Delaware County. The decision of the court shall contain findings of fact and conclusions of law based upon the evidence as a whole. The decision shall clearly and concisely explain the rationale for the decision. A petition for review under this section shall stay the release of documents until a decision is issued.
O. The Authority adopts all exemptions provided by act 3 of 2008, The State or Federal constitutions, law, rules and regulations and/or court rulings. The Authority does not waive any exemptions provided thereby.
P. This policy shall be available for review at the Authority’s office, One Gamble Lane, Aston, PA 19014, telephone number, 610-494-1335.
Q. Effective date January 1, 2009.