Part 5
Right to Know Law
§1-501 Definitions.
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:
Township - the municipality of Wolf Township.
Board - the Board of Supervisors of Wolf Township.
Public Record - 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.
Record - any document maintained by Wolf Township, in any form, whether public or not.
Response - access to a record or the Township's written notice granting, denying or partially granting and partially denying access to a record.
Requester - a person who is a resident of the Commonwealth of Pennsylvania and requests a record pursuant to this Act
Secretary/Treasurer - the Secretary/Treasurer or acting Secretary/Treasurer of Wolf Township.
(Res. 2002-04, 12/9/2002, §1)
§1-502 Procedure for Access to Public Records of the Township.
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, §2)
§1-503 Access to Public Records.
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 5 business days from the date the written request is received by the Township. If the Township fails to send the response within 5 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.
then the Township shall send written notice to the requester within 5 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 5 business days allowed in subsection .A, the request for access shall be deemed denied.
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, §3)
§1-504 Judicial Appeal.
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, §4)
§1-505 Fees.
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 50 cents 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 $10.00 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 50 cents 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.
5. Waiver of Fees. The Township may waive the fees for duplication of a public record including, but not limited to, when:
A. The requester duplicates the public record.
B. It deems it is in the public interest to do so.
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.
(Res. 2002-04, 12/9/2002, §5)
§1-506 Miscellaneous.
1. The Township may adopt amendments to this Part by resolution which are necessary to implement the provisions and purposes of the Right to Know Law.
2. Posting. A copy of this Part shall be conspicuously posted at the offices of the Township.
(Res. 2002-04, 12/9/2002, §6)