"Right To Know" Policy

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RESOLUTION No. 18 of 2002

CITY OF TITUSVILLE, PENNSYLVANIA

 

A RESOLUTION OF THE COUNCIL OF THE CITY OF TITUSVILLE ADOPTING A POLICY AND FORMS FOR REQUESTS TO REVIEW PUBLIC RECORDS PURSUANT TO THE PENNSYLVANIA RIGHT TO KNOW LAW.

 

Whereas, the City Council of the City of Titusville intends to adopt a written policy to implement the Pennsylvania Right-to-Know Law; and

 

Whereas, the City Council of the City of Titusville has determined that the policy and forms attached hereto are appropriate for compliance with the Pennsylvania Right-to-Know Law.

 

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Titusville hereby adopts as the City’s policy for review and response to requests for review and copying of public documents pursuant to the Right-to-Know Law the policy and forms attached hereto, effective as of the 26th day of December, 2002.

 

            This resolution has been duly adopted this 16th day of December, 2002.

 

 

                                                                       

                                                                        City of Titusville,

 

                                                                        By: ____________________________

                                                                               Brian A. Sanford, Mayor

 

ATTEST:

 

___________________________

Mary Ann Nau, City Clerk  

 

City of Titusville – resolution 18 of 2002 – Policy for Rev. Public Records – ts.doc

 

 

CITY OF TITUSVILLE

Access to Public Records Policy

 

The purpose of this policy is to assure compliance with the Pennsylvania Right-to-Know Law, 65 P.S. § 66.1 et seq., as amended, to provide access to public records of the City of Titusville (“City”), to preserve the integrity of the City’s records, and to minimize the financial impact to the residents of the City from responding to information requests.

 

It is the policy of the City that a designated City employee shall be present when public records are examined and inspected and to charge reasonable fees for duplication of public records of the City.  The City designates the City Manager as responsible for assuring compliance with the Pennsylvania Right-to-Know Law (the “Act”), in accordance with the following guidelines:

 

    1.      The City Manager may designate employee(s) to process public record requests.

 

    2.      The City Manager is responsible for minimizing, where possible, the financial impact to the City from responding to information requests.

 

    3.      All requests for public records of the City under this policy shall be specific in identifying and describing each public record requested.  In no case shall the City 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 City does not currently compile, maintain, format or organize the public record.  All requests for public records shall be submitted in writing and on a form provided by the City.  No e-mail or other electronic requests for access to public records shall be accepted.

 

    4.      The designated employee shall make a good faith effort to determine whether each record requested is a public record.

 

    5.      In no case is the City Manager expected to provide extraordinary staff to respond to a request, but will respond in a manner consistent with the City Manager’s responsibilities and consistent with the requirements of the Pennsylvania Right-to-Know Law.  

 

    6.      The designated employee shall respond to the requester within five (5) business days from the date of receipt of the written request or the request will be deemed denied.

 

    7.      The response provided by the City shall consist of (1) approval for access to the public record; (2) that the request is under review by the designated employee, the reason for the review and the date that a response is expected to be provided; or (3) denial of access to the record requested.

 

    8.      If access to the public record requested is approved, the public record shall be available for access during the regular business hours of the City, 8 a.m. to 4 p.m., Monday through Friday, excepting City holidays.  The designated employee shall cooperate fully with the requester, while also taking reasonable measures to protect the City’s public records from  theft or alteration.  A designated employee shall be present whenever public records are examined and inspected. 

 

    9.      Fees for duplication of public records shall be as follows:

        (a)    Photocopying: 50 cents ($0.50) per page.

        (b)    Duplication of public electronic and/or tape records: actual cost to the City of duplicating the public record and cost of any storage media.

        (c)    Certified copies: $1.00 per page.

        (d)    Postage:  actual cost to the City of mailing the public record.  The City may in its discretion waive fees.

 

    10.  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 from the requester in advance of fulfilling the request.

 

    11.  If the request is being reviewed, the notice provided by the City Manager shall be in writing and include the reason for the review and the expected response date, which shall be within thirty (30) days of notice of review.  If the City Manager 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 redaction shall be denial as to that information;

        (b)    The record must be retrieved 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 subject to access under the Act;

        (e)     The requester has failed to comply with the City’s policy and procedure requirements; or

        (f)      The requester refuses to pay the applicable fees.

 

12.  If access to the record requested is denied, the notice provided by the City  Manager shall be in writing as indicated on the form attached hereto entitled                 “Denial of Request to Review and/or Duplicate City Records.”

 

    13.   If the request is denied or deemed denied, the requester may file exceptions with the Mayor of the City of Titusville within fifteen (15) business days of the mailing date of the City Manager’s notice of denial, or within fifteen (15) days of a deemed denial.  The exceptions must:

        (a)     Indicate the date of the original request;

        (b)    Identify and describe the record(s) requested;

        (c)     State the grounds upon which the requester asserts the record(s) is a public record;

        (d)    Address any grounds stated by the City in its notice of denial.

 

14.  The Mayor shall review the exceptions and may conduct a hearing to assist in           making a final determination.  A final determination will be made within thirty (30) days of the mailing date of the exceptions, unless extended by the parties.  If the denial is upheld, the decision shall contain a written explanation of the reason for denial and an explanation of the process for further appeal.

 

    15.   This policy shall be posted conspicuously at the Titusville City Hall, 107 North Franklin St., Titusville, PA.

 

    16.  This policy shall be effective as of December 26, 2002. 

City – Right to KNow Law – ts.doc