RIGHT-TO-KNOW LAW |
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Act of Feb. 14, 2008, P.L. 6, No. 3 | Cl. 02 |
An ACT Providing for access to public information, for a designated open-records officer in each Commonwealth agency, local agency, judicial agency and legislative agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties; providing for reporting by State-related institutions; requiring the posting of certain State contract information on the Internet; and making related repeals.
In compliance with Section 504(b) of the Right-to-Know Law (“RTKL”), Wright Twp is providing the following information:
- Agency open records officer – Pamela Heard (may be contacted at 570-474-9067 during regular business hours)
- Office of Open Records – https://www.openrecords.pa.gov/ (information regarding appeals and rules and regulations of RTK)
- Form which may be used to file a request – https://www.openrecords.pa.gov/Documents/RTKL/RTKRequestForm.pdf
- Completed RTK forms must be emailed, mailed or hand delivered (during business hours) to the municipal building.
RTK Policy Provisions
Issue Date: 8/12/2024
Purpose: The purpose of this policy is to outline the Township’s procedures for compliance with Section 504(a) of the Right-to-Know Law, 65 P.S. §§ 67.101-67.3104.
Authority
Wright Township (“Agency”) adopts this policy pursuant to Section 504(a) of the Right-to-Know Law, 65 P.S. §§ 67.101-67.3104 (“RTKL”). The Agency has made this policy available to the public at its administrative office(s) and on its public website along with a RTKL Uniform Request Form.
Definitions
All of the definitions set forth in the RTKL are incorporated into this policy by reference. See 65 P.S. § 67.102.
Agency Website
The Agency maintains a public website at www.wrightownship.org. Some of the records most commonly requested from the Agency are available on the website. The following information is also posted on the Agency’s website: AORO contact information; a form which may be used to file a RTKL request; and a copy of this policy.
Open Records Officer
The township’s Open Records Officer is designated through at a public meeting on a periodic basis. The Open Records Officer may be reached at 321 South Mountain Blvd., Mountain Top, PA 18707, 570-474-9067, pheard@wrighttownshippa.gov. The township’s designated Open Records Officer is Pamela Heard.
Submitting a RTKL Request to the Agency
Requests shall be made in writing to the township’s Open Records Officer on the Pennsylvania Office of Open Records’ Standard Right-to-Know Request Form. Anonymous or verbal requests will not be considered. To allow the Agency to locate requested records and determine whether those records are public, requests for records should be specific and concise and clearly identify, as precisely as possible, the records sought.
Form Link https://www.openrecords.pa.gov/Documents/RTKL/RTKRequestForm.pdf
Agency Response
The Open Records Officer shall make a good-faith effort to provide the requested public record(s) as promptly as possible and within the RTKL’s five business day timeframe. If the Open Records Officer cannot do so within five business days, he/she is permitted to exercise a 30-day extension upon notifying the requester. The Open Records Officer shall cooperate with those requesting records to review and/or duplicate original documents while taking reasonable measures to protect original documents from the possibility of theft, damage, and/or modification. If the request is denied, the Open Records Officer will send the requester a letter stating 1) a description of the record requested; 2) the specific reasons for the denial, including a citation of supporting legal authority; 3) contact information for the Open Records Officer; 4) the date of the response; and 5) the procedure to appeal the denial.
Public records shall be available for inspection, retrieval, and duplication at the township office during normal business hours Monday through Friday from 9am-3:30pm, with the exception of township-designated holidays or office closure.
Fees
Paper copies shall be $.25 per page per side for black and white copies up to the first 1,000 pages and $.20 beyond 1,000 pages and $.50 for color copies. The certification of a record is $5 per record. Specialized documents, including but not limited to blueprints, color copies, and nonstandard-sized documents, shall be charged the actual cost of production. If mailing is requested, the cost of postage will be charged. All fees must be paid before documents will be released. Prepayment is required if the total fees are estimated to exceed $100.
RTKL Appeals
If a written request is denied, the requester has the right to file an appeal in writing to Executive Director, Office of Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101. Appeals of criminal records shall be made to the District Attorney of Luzerne County, 200 N River Street
Wilkes Barre, PA 18711.
Appeals must be filed within 15 business days of the mailing date of the township’s response. Please note that a copy of the requester’s original request and the township’s denial letter must be included when filing an appeal. The law requires an appeal to include reasons why the record is a public record and to address the reasons for denial that the township stated in its denial letter. Visit the OOR’s website at www.openrecords. pa.gov for additional information on filing an appeal.
RESOLUTION NO. 2024-12
As per 34 Pennsylvania Code § 403.85(e) recently amended states, (e) The Department, a municipality and a third-party agency acting on behalf of a municipality may prohibit release of applications received, building plans and specifications, inspection reports and similar documents to the public under the act of June 21, 1957 (P. L. 390, No. 212) known as the Right-to-Know Law (65 P. S. § § 66.1-66.9). The Department, the municipality or the third-party agency may release these documents to the building owner of record, the permit holder, the design professional of record or a third party authorized by the building owner in writing to receive the documents upon presentation of valid identification.
RESOLUTION NO. 2024-19
As per, Section 702 gives agencies discretion to choose if they want to provide records to anonymous requesters. The Wright Township open records policy is amended to disallow acceptance of anonymous RTKL requests. Wright township will inform anonymous requesters when possible that a legal name for a legal resident of the U.S. must be provided for Right to Know Requests. If the legal name is not provided, the request will not be processed.