MILLCREEK TOWNSHIP POLICIES AND FEES

RIGHT TO KNOW LAW

The Millcreek Township Board of Supervisors on December 23, 2008 adopted Resolution No. 2008-R-46, which revised the Township’s existing procedures and fee schedule governing access to public records to comply with new regulations in the amended Right to Know Law. Revisions are effective as of January 1, 2009.

The Township’s policies and procedures include:

1. Open-Records officers were designated for the Police Department and for all other departments of the Township and functions for these positions were defined. See Open-Records Officers

2. Requirements as to Requests for Access. In addition to those requirements provided in the Act:

A. A request for access to, inspection of or for provision of a copy of a public record or a financial record shall identify or describe the record(s) sought with sufficient specificity to enable Millcreek Township to ascertain which record(s) is or are being requested. It shall not be the obligation of the Township, its Open-Records officers or any official or employee to surmise or guess as to those records to which access is sought. See also Section 3(L), below.

B. Any written request must be made on the request form adopted in the Resolution. See Request for Access Form.

C. Any request authorized under Section 4 of this Resolution which cannot be fulfilled immediately shall include the name and address to which the Township should address its response.

D. The reason for a request and the use to which a record may be applied shall be immaterial.

3. General Regulations - Accessibility of Documents. In addition to those requirements at
65 P.S. § 67.101, et seq., as may in the future be amended:

A. Public records and financial records shall be available for access during the regular business hours of Millcreek Township (8:00 a.m. to 4:30 p.m.), with the exception of weekends and holidays. When used in this Resolution, the term “public record” is intended to include a “financial record.”

B. A written request for access to a public record may be submitted in person, by mail, by telefacsimile or by email.

C. A public record shall be provided to a requester in the medium requested if the particular record exists in that medium; otherwise, it shall be provided in the medium in which it exists.

D. If a public record is only maintained electronically or in some other non-paper medium, the Township, upon request, shall duplicate the public record on paper in responding to a request for access in accordance with the statute.

E. In 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 the Township does not currently compile, maintain, format or organize it.

F. If the Township determines that a request seeks a record which is not a public record of the Township as defined in the Act, does not exist or is confidential or prohibited against disclosure by applicable law(s), the request for such record(s) shall be denied insofar as any of these determinations apply.

G. The Township shall have no obligation to provide access to or copies of documents or records which are not public records of Millcreek Township.

H. 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 to a request shall grant information which is subject to access and deny access to the information which is not subject to access, in accordance with 65 P.S. § 67.706, as may be amended. In such event, 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 record the information which is not subject to access.

I. If access is requested to what is or may be a substantial quantity of public records, the requester shall be provided an opportunity to inspect files, books or other records containing the same and, upon such review, to make a proper written request for copies of such public records as are desired.

J. Oral or verbal requests for access to or copies of public records shall be allowed only as authorized in Section 4 of this Resolution.

K. Anonymous requests for access to or copies of public records are not authorized.

L. It shall not be the obligation of the Township, its officers or employees to research or review Township records to ascertain what might be sought by a requester whose request does not identify or describe records sought with specificity sufficient to enable the Township to determine those records being requested and whether the same constitute public records.

(i) As examples, a request for access to “all” records which might relate to a general subject does not enable the Township to identify particular records sought, while a request for access to all building permits issued as to a particular property or all documents involved in a particular development is sufficiently specific.

(ii) If a request is received which does not comply with the requirements of the statute or of this Resolution, the request shall be denied insofar as it fails to provide sufficient detail; provided that -

(a) If a request in part provides sufficient specificity as to records requested and in part fails to do so, the Township shall allow access to public records sufficiently described and limit its denial to the portion(s) of the request not providing sufficient detail;

(b) If a request does not provide detail as to an ordinance, minutes of meetings of the Board of Supervisors, resolution or other public record retained on site by the Township but indicates that the requested record is within such general files, the Township shall make general files available to the requester for his or her inspection.

M. If a public record exists that is not in the Township’s possession but is in the possession of a party with whom the Township has contracted, a request for access to such record shall be made to the Township.

N. Public records shall be available for inspection at the Municipal Building, and an employee of the Township should be present during an inspection to ensure preservation of records.

O. Except as otherwise provided in this Resolution, a request for copies of public records shall be accompanied by payment of the fees therefor as established in this Resolution, and as may be amended in the future. Such request, and payment of fees, may be made after inspection of records and identification by the requester of those copies desired. In such cases, the Township shall not make copies of public records until such fees have been paid by the requester.

4. Certain Oral or Verbal Requests Authorized. In circumstances as authorized in this Section the Township shall respond to verbal or oral requests for access to or copies of public records:

A. Copies of agendas for next scheduled meetings of the Board of Supervisors, the Planning Commission, the Zoning Hearing Board and other boards or commissions of the Township shall be available for review and inspection. All Township departments, boards and/or commissions shall provide to the Assistant Secretary copies of next scheduled meeting’s agenda immediately upon their preparation. Oral or verbal requests to review or obtain a single copy of such agenda(s) may be made to the department responsible for such board’s administration or to the Assistant Secretary.

B. Copies of proposed resolutions, ordinances, budgets and other matters which have been advertised or are set forth to be considered at a scheduled meeting of the Board of Supervisors shall be available for review and inspection. Requests to review or inspect such documents shall be made to the Assistant Secretary.

C. Requests to review or inspect pending applications for subdivision or land development may be made orally to the Engineering Department.

D. Requests for copies of a single pending or approved subdivision or land development plan may be made orally to the Engineering Department, and shall be honored as soon as is practicable with consideration for the Department’s ongoing responsibilities.

E. Requests to review or inspect pending petitions for rezoning or pending applications to the Zoning Hearing Board may be made orally to the Zoning Department.

F. Requests for copies of a single pending petition for rezoning or a single pending application to the Zoning Hearing Board may be made orally to the Zoning Department, and shall be honored as soon as is practicable with consideration for the Department’s ongoing responsibilities.

G. Requests for a copy of the Subdivision and Land Development Ordinance, the Stormwater Management Ordinance and/or the Public and Private Improvements Code may be made orally to the Engineering Department.

H. Requests for a copy of the Zoning Ordinance or of the official map may be made orally to the Zoning Department.

I. Requests for a copy of the Comprehensive Plan may be made orally to the Assistant Secretary.

J. Requests to inspect or obtain a copy of the requester’s billing account records for water line, street lighting, hydrant, realty transfer tax, sewer rental or other Township assessment or claim may be made orally to the department or employee of the Township responsible for such matters

K. When a citizen is discussing a particular matter with an authorized employee of the Township at the Municipal Building and a public record not specifically addressed above becomes a subject of the discussion, the citizen upon oral request may obtain a copy of such public record.

L. Oral requests authorized in this Section shall be subject to payment of fees as provided for copies in this Resolution.

M. Authorization of oral or verbal requests in this Section shall not entitle a person to request a substantial volume of documents or to submit oral or verbal request for public records other than as authorized in this Section.

N. Township personnel shall respond to oral or verbal requests authorized in this Section as promptly as is practical in the circumstances.

5. Submission of Written Requests. Written requests for access to public records of the Township shall comply with requirements established in the Right-to-Know Law and this Resolution and shall be addressed and delivered:

A. As to records of and within the purview of the Police Department, to the Millcreek Township Police Department, Attention: Open-Records Officer, 3608 West 26th Street,
Erie, PA 16506-2037.

B. As to records of Millcreek Township other than its Police Department, to Millcreek Township Open-Records Officer, Attention: Assistant Secretary, 3608 West 26th Street,
Erie, PA 16506-2037.

C. Written requests shall be on a form provided by the Township which shall substantially conform to and include all of that information set forth on Exhibit “A-1” to this Resolution.

D. If written request is received by a Township official or employee other than that to whom requests are to be submitted, he or she shall immediately transmit the request to the proper Open-Records officer.

E. The date of receipt by the proper Township or Police Department Open-Records officer of a written request shall be noted immediately on the request, and shall govern for purposes of responding to the request.

6. Response to Written Requests. The Township will make a good faith effort to provide access to public records as promptly as is practicable, and in accordance with the requirements of
65 P.S. § 67.901, et seq.

A. Township employees shall cooperate with the Open-Records officers designated in this Resolution to receive and respond to written requests, so that existence and nature of documents can be ascertained promptly while taking reasonable measures to protect Township documents from the possibility of theft, damage and/or modification.

B. Except in circumstances set forth in 65 P.S. § 67.902, as may be amended, the assigned official shall, in writing, respond to the written request within five (5) business days after the date of the request’s receipt.

C. If the Township’s response is the grant of a written request for access, the appropriate Open-Records officer shall issue to the requester a written notice, this notice to be substantially in the form of the specimens attached to this Resolution as Appendix A-2 and A-2(1).

D. If the Township’s response is denial of a written request for access, the appropriate Open-Records officer shall issue to the requester a written notice, this notice to be substantially in the form of that specimen attached to this Resolution as Appendix A-3 and which must include those matters required by Section 903 of the Act.

E. If the Township’s response is partial grant and partial denial of a written request for access, the appropriate Open-Records officer shall issue to the requester a written notice, this notice to be substantially in the form of that specimen attached to this Resolution as Appendix A-4 and which must include, as to the partial denial, those matters required by Section 903 of the Act.

F. Forms and procedures adopted above for use in response to written requests under the Act may be used by the Open-Records officer to respond to oral requests for access.

G. The Township, its officials, department heads and employees shall continue and build upon the practice of making available on the Township’s website matters of information for the benefit of the public, including matters which do or may constitute public records and financial records. This practice is intended to provide information to the public and to reduce the need for requests for access to records and responses to them.

H. Where a request is received for access to a record which is available on the Township’s website, the response of the Open-Records officer or other employee of the Township shall note the availability of the record on the website for access and downloading.

7. Appeals Process. If a written request for access is denied or deemed denied, the requester may file within (15) business days after the mailing date of the Township’s response or a deemed denial an appeal from the decision under Sections 1101 and 1102 of the Act, as follows:

A. Appeal of decisions pertaining to criminal records shall be made to the District Attorney of Erie County, Erie County Court House, 140 West Sixth Street, Erie, PA 16501.

B. Appeal of decisions pertaining to all other records shall be made to the Executive Director (as of the date of this Resolution, Terry Mutchler), Office of Open Records, Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120-0225.

8. Fee Schedule. A schedule of fees for copies and services pertinent to responding for requests for copies and documents was adopted, the Board of Supervisors having authority to amend the schedule from time to time. Color photocopying shall be done and available only on equipment having capacity to do so. Charges for matters not specifically detailed in the fee schedule shall be equal to their actual cost.

The schedule of fees is as follows:

Millcreek Township Police Department

Accident Report Copies $15.00

Criminal Report Synopsis $15.00

Criminal History or Employment Checks $10.00

Fingerprinting $10.00

All other fees as per schedule, below

All Other Township Departments

Single copy of agenda of next scheduled meeting No charge

First 5 pages or sides of 8½” x 11" paper copies No charge *

Other B&W photocopies on 8½” x 11" paper, per page or side $ 0.25

B&W photocopies on 11" x 17" paper, per page or side $ 0.50

Color photocopies on 11" x 17" paper, per page or side $ 1.00

B&W photocopies on 24" x 36" paper, per page or side $ 4.00

Color photocopies on 24" x 36" paper, per page or side $ 6.00

B&W photocopies on 36" x 72" paper, per page or side $ 6.00

Color photocopies on 36" x 72" paper; per page or side $ 8.00

Subdivision & Land Development Ordinance (per copy) $30.00

Comprehensive Plan (per copy) $30.00

Zoning Ordinance (per copy) $25.00

Public & Private Improvements Ordinance (per copy) $25.00

Stormwater Management Ordinance (per copy) $15.00

Certified copy, per record $ 1.00

CD-ROM (where records provided in this format), per each $ 2.50 + 20¢/record

Other media on which records provided Actual cost +20¢/record

* This applies only once per person within a 7-day period.

General:

Actual fees for postage and other costs of response shall be charged.

If records provided on another medium, actual cost for it shall be charged, plus $0.10 per page provided.

If estimated cost of copies will exceed $100.00 and/or records to be mailed to the requester,

prepayment of fees and costs will be required.