Open Records Policy
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Overview
The Borough of Ebensburg has established an Open Records Policy to ensure compliance with the Pennsylvania Right-to-Know Law (Act 3 of 2008). The policy aims to provide public access to records while preserving record integrity and minimizing financial impact on the borough.
Key Roles and Responsibilities
- Open Records Officer: The Borough Manager is designated as the Open Records Officer responsible for ensuring compliance.
- Designated Employees: The Borough Manager may designate specific employees to process requests and review records.
How to Request Records
- Submission: Requests must be submitted in writing (in person, by mail, facsimile, or e-mail).
- Required Information: The request must include the date, requester's name, address, telephone number, a certification of U. S. residency, and the signature of the requester.
- Specificity: Requests must clearly identify or describe the records sought. The Borough is not required to create new records or organize data in ways it does not currently do.
- Submission Address: Requests can be sent to the Borough of Ebensburg at 300 West High Street, Ebensburg, PA 15931.
Response Times and Fees
- Standard Response: The Borough must respond within five (5) business days of receiving a request. Failure to respond results in the request being deemed denied.
- Review Extension: If a review is necessary (e. g. , for redaction, legal review, or staffing limitations), the Borough must notify the requester within five (5) business days. The final response is expected within thirty (30) days of the notice.
- Fees: Duplication fees are established by the Commonwealth’s Office of Open Records. The Borough may waive these fees at its discretion.
- High-Cost Requests: If the estimated cost exceeds $100. 00, the Borough will obtain payment in advance to avoid unwarranted expense.
Denials and Appeals
- Denial Notice: If access is denied, the Borough will provide a written notice using a specific form titled "Denial of Request to Review and/or Duplicate Ebensburg Borough Records. "
- Appeals: If a request is denied or deemed denied, the requester has fifteen (15) business days to file an appeal with the Commonwealth’s Office of Open Records.
- Legal Review: If dissatisfied with the appeal officer's decision, either party may file a petition for review with the court of common pleas for Cambria County within 30 days of the final determination.