CHESTER
COUNTY · PENNSYLVANIA
NEW LONDON
|
T O W N S H I P 902 STATE ROAD P O BOX
1002 NEW LONDON, PA 19360 e-mail
newlondontwp@comcast.net |
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OPEN
RECORDS LAW (65 P.S.66.1)
INSPECTION
AND DUPLICATION POLICY
The Board of Supervisors adopted this
Policy for the inspection and duplication of all public records. The procedures
and rules adopted in this Resolution shall apply to all information for public
records, as defined and controlled by the Open Records Law. The Board may amend
these rules and regulations by resolution at any public meeting.
I. REQUESTS
Public records are available for
inspection and duplication during regular business hours, provided the
applicant complies with this Policy.
The inspection and/or duplication will not ordinarily occur on the day
of the request.
All requests for inspection and/or
duplication must in writing, on the form provided by the Township. Written
requests may occur only by delivery in
person, mail, or facsimile. The
Township will not respond to verbal requests, since written requests are
required to assure the rights and remedies provided by this Law. The Township
will provide the public record in the medium in which it exists. Should the request include a public record
available only in electronic medium, the requestor must provide a medium for
storage and/or transfer, which is compatible with the Township’s electronic
equipment on which the public record exists, and will not risk loss and/or
damage to Township’s electronic equipment.
In the event requestor does not provide the medium for transfer and/or
storage at the time of the application, the Township shall have no obligation
to duplicate any public record.
The Township will permit inspection and
duplication at the Township Building, at the location it determines
suitable. The requestor must supply all
equipment for duplication, if required by this policy.
All
requests must include the following; (a) the completed application, addressed
to the Township Secretary, New London Township, P.O. Box 1002, 902 State Road
New London, PA 19360; (b) a written description of the records sought with
sufficient specificity to enable the Township to ascertain the requested
records; (c) name and address for the Township’s response.
The
Township will not create a public record currently not existing, compile,
maintain, format or organize a public record in a manner in which the Township
does not currently compile, maintain, format or organize any public record.
II. RESPONSE
The
Township will make a good faith effort to determine the existence of the
requested public record and respond no
later than five (5) business days from the date the Township receives a proper
written request. If the Township fails to send the response within five (5)
business days, the request shall be deemed denied.
An
exception to the preceding paragraph exists if the Township determines one of
the following applies upon receipt of the written request; (a) the request for
access requires redaction of a public record in accordance with provisions of
the Law found in Section 3.2; (b) the record is stored in a remote location;
(c) a timely response to the request for access cannot be completed due to bona
fide and specified staffing limitations; (d) a legal review is necessary to
determine whether the record is a public record under this Law; (e) the
requestor did not comply with this Policy; or (f) the requestor refuses to pay
the fees required by this Policy. The Township shall send written notice to the
requestor within five (5) business of the written request, which includes a
statement informing the requestor that the Township is reviewing the request,
and the reasons for the review. The
notice will include a reasonable date to expect a response, which shall not
exceed thirty (30) days following the initial five (5) business days after
receipt. If the expected date is more
than thirty (30) days, the request for access shall be deemed denied.
The
written denial for access, in whole or in part, shall be issued and include:
(a) a description of record requested; (b) the specific reasons for the denial,
including the citation of supporting legal authority. If the determination includes a finding that the record is not a
public record, the specific reasons for such exclusion; (c) the typed or
printed name of the public official or employee on whose authority the denial
issued; (d) date of response; (e) procedure
to appeal the denial of access under this Law.
III.
FEES
The
fee for paper copies shall be $0.25 per page per side. In the event that the Township determines the
medium (disk or diskette) creates a risk to the Township’s equipment, the
Township may provide such the medium for $1.00 per disk. All medium for
transfer must be new. The Township will not transfer any information to an
unsealed disk or medium.
The
Township reserves the right to limit the total number of duplication copies
provided by the Township. The Township
will not duplicate more than 50 pages for any one written request or more than
50 pages of any public document. This
limitation shall apply to 50 pages of any public record, regardless of the
number of written requests by any requestor. The requestor must pay for those
number of copies requested before duplication.
Should the public record contain more than 50 pages, and the Township
has duplicated any 50 pages of that public record, the requester may inspect
the public records and/or complete the duplication so long as the requestor
supplies all necessary duplication equipment.
Due to staff limitations, only one duplication request may be submitted
at a time. No subsequent request will
be accepted until the previous request is fulfilled or denied. However, this limitation on duplication
requests shall in no way impact requests to inspect documents.
The
Township will charge an additional fee for official Township Certification to
legally verify the public record. The
written request must identify this requirement and agree to pay the sum of
$2.50 per page.
IV. APPEALS
The
requestor may file exceptions to any denial or deemed denial within 15 business
days from the mailing date of the Township’s denial or 15 days from a deemed
denial. The exceptions are filed with the Board of Supervisors, and the
Township Secretary is authorized to receive them. The exceptions must state the
grounds upon which the requestor asserts that a record is a public record, and
any grounds stated by the Township for delaying or denying the request.
The
Board of Supervisors, or their designee shall make a final determination within
30 days of the mailing date of the exceptions.
The Board, or its designee, may conduct a hearing. The determination is
a final order of the Township. If the
Board, or its designee, determines the denial was correct, they shall issue a
written explanation for the reason.
All
appeals from the final decision/order from the Board of Supervisors, or its
designee, must be filed with the Court
within 30 days of the denial by the Township.
The appeal period begins with the mailing date of the Township’s final
determination, as outlined in the preceding paragraph. The requestor must file a petition for
review or other document as the Court of Common Pleas may require, or bring an
action in the local magisterial district.