public records policy

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A RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTH COVENTRY TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA

THE PUBLIC RECORDS ACCESS POLICY FOR THE TOWNSHIP

             SECTION 1.  This Policy shall govern all request made for access to the public records of North Coventry Township, Chester County (“Township”).

            SECTION 2.  For purposes of this Policy, the term “public record” shall have the meaning given to such term in the Pennsylvanian Statute known as Act 212 of 1957, also known as the “Right-to-Know Law”, as amended, to the date of adoption of this Policy.

            SECTION 3.  Oral requests for access to the public records of the Township shall be addressed to the Township Manager.  Oral requests for access to the public records of the Township shall not be considered to have been made until and unless made directly to the preceding individual personally.

            SECTION 4.  Written requests for access to the public records of the Township must be made in one (1) of the following ways:

                        (a)  A written request to the Township delivered in person or by mail addressed to:

Township Manager
North Coventry Township
845 S. Hanover Street
Pottstown, PA 19465

                        (b)  A written request to the Township by fax identifying that it is a request for public records of the Township.  The fax must be sent to the Township Manager at: Fax # (610) 323-7239

(c)           Sending e-mail requests for access is not an available option to make requests for access to the Township’s public records.

SECTION 5.  All requests shall state:

(a)   The name of the person or entity making the request.

(b)   A description of the public records to which access is being requested, with sufficient specificity in the identification of the requested records so that the records can be located without speculation as to the record being sought.

(c)    A name and address to which the Township should respond.

SECTION 6.  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 records or portion not subject to public access.  Any removal or redaction shall only be done in accordance with the provisions of the applicable statute.

SECTION 7.  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, 845 S. Hanover Street, Pottstown, PA  19465, 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.

            SECTION 8.  If any request for access to a public record of the Township is denied, whether said denial is by an actual denial being issued, or by a response which is deemed to constitute a denial under applicable law, or by a failure to respond which is deemed a denial under applicable law, then the person or entity whose request has been denied may file exceptions to such denials.  Such exceptions must be filed as follows:

(a)   The exceptions must be made in writing.

(b)   The exceptions must be addressed to the Township.

(c)    The exception must be delivered either:

(i)  In person at:

North Coventry Township
845 S. Hanover Street
Pottstown, PA 19465

(ii)  By mail addressed as follows:

North Coventry Township
845 S. Hanover Street
Pottstown, PA 19465

ATTENTION:  Township Secretary

(iii)  By fax addressed to:

North Coventry Township, Chester County
Fax#: (610) 323-7239
 

(d)           In order to be valid, the exceptions must be filed within fifteen (15) business days of the date of the Township’s mailing of its response which includes the denial in question, or within fifteen (15) business days of any event considered a deemed denial under the applicable law.  The exceptions shall state the grounds upon which the requester asserts that the record is a public record and shall address any grounds stated by the Township for denying the request.

(e)           If the exception is being made to a written denial (whether a writing which is an actual denial or a writing constituting a deemed denial), a copy of such writing must be attached to the exceptions.

SECTION 9.  The following fees shall be due and be paid by any person or entity requesting access to the Township’s public records.

(a)   The actual postage on any mailing made in response to said request.

(b)  Twenty Dollars ($20.00), if a certification is being requested of the records being produced.

(c)  Twenty-five cents ($0.25) per page for all duplication of requested records.

(d)  If a request is made for a copy of any record that cannot be reasonably duplicated on the facilities available at the offices of the Township, either due to the physical size or shape of the record or to the volume of the records being requested, the Township shall have the requested records duplicated at a commercial copying service or similar location, and the person or entity requesting the record shall be responsible for the amount charged by such outside source, plus Fifteen Dollars ($15.00) for courier conveyance services in connection with the Township’s transportation of the records to and from such source.  A deposit shall be required to cover the estimated costs.

(e)  Payment is due at the time of delivery of the copies if the costs are expected not to exceed Ten Dollars ($10.00).  If the Township expects that the fees of the copies being requested shall exceed Ten Dollars ($10.00), then the Township shall notify the person or entity requesting the copies, and the copies will not be made until the cost of the copies, as estimated by the Township, is paid in advance.  Either a supplemental bill or a refund shall be made if actual copying costs are difference than the Township’s estimate.

(g) There is no charge for only inspecting the public records unless the inspection requires extraordinary administrative work, then the charges shall be based upon the cost to the Township for the employee’s time.

            SECTION 10.  It is the intent of the Township to comply with all applicable laws including all statutes and regulations, which apply to the maters covered in this document.  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 to not 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 regulations, and there is more than one (1) 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 (1) 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.

            SECTION 11.  If there is any question or uncertainty as to the interpretation or effect of this Policy, a written request for an interpretation or clarification shall be sent to the Township Manager:

Kevin Hennessey, Esquire, Township Manager
North Coventry Township
845 S. Hanover Street
Pottstown, PA 19465 

            SECTION 12.  These policies shall be in effect for all requests of public records made on or after the date of adoption of this Resolution. 

            This Public Record Access Policy of North Coventry Township, Chester County has been adopted by a Resolution of the Township adopted at a public meeting of the Township on the  __11th___day of __April___, 2005.