Open Records Policy And Request Form (Page 2 of 4) in pdf

Open Records Policy And Request Form Page 2

The Open Records Officer shall, upon receipt of a request, determine if one of the following

applies:

(1)

The request for access requires redaction of a record in accordance

with section 706;

(2)

The request for access requires the retrieval of a record stored in a

remote location;

(3)

A timely response to the request for access cannot be accomplished

due to bona fide and specified staffing limitations;

(4)

A legal review is necessary to determine whether the record is a

record subject to access under this act;

(5)

The requester has not complied with the agency's policies regarding

access to records;

(6)

The requester refuses to pay applicable fees authorized by this act;

(7)

The extent or nature of the request precludes a response within the

required time period.

If one of these enumerated circumstance applies, the Open Records Officer will send written

notice to the requester within five (5) business days of receipt of the request indicating that (1) the

request is being reviewed; (2) the reason for the review; (3) a reasonable date that a response is

expected to be provided; and (4) an estimate of applicable fees owed when the record becomes

available. A response shall be given within thirty (30) days from the date of mailing of the notice.

In the event that the Borough of Kennett Square fails to timely respond, the request shall be

deemed denied unless the requester agrees in writing to an extension.

VI.

DENIAL

If the Borough of Kennett Square denies the request, whether in whole or in part, the denial

shall be issued in writing and shall include:

(1)

A description of the record requested.

(2)

The specific reasons for the denial, including a citation of supporting

legal authority.

(3)

The typed or printed name, title, business address, business

telephone number and signature of the open-records officer on

whose authority the denial is issued.

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Open Records Policy And Request Form Page 2