RIGHT TO KNOW LAW POLICY 

RIGHT TO KNOW LAW POLICY

This policy sets forth the procedures for requesting access to, or copies of, public records from the MUNICIPAL AUTHORITY OF THE CITY OF NEW KENSINGTON (“Authority”) under the provisions of the amended Right To Know Law (“RTKL’), the Act of June 21, 1957 (P.L. 390, No. 212), as amended by the Act of February 14, 2008 (P.L. No. 3. It shall apply only to requests made to the Authority’s Open Records Officer (Open Records Officer”) for records under the control of the Authority. 

This Policy shall take effect on January 1, 2009, and shall remain in effect until superseded, amended or withdrawn by the Authority. A copy of this Policy is available at the Authority office located at 920 Barnes Street, New Kensington, Pennsylvania. 15068, and on the Authority’s website, www. newkenwater.net. 

ARTICLE 1: RTKL REQUESTS

1.01  The Authority’s Open Records Officer and Address. All request for access to the Authority’s public records must be in writing, addressed to: 

James A. Matta, 
Open Records Officer 

MUNICIPAL AUTHORITY OF THE CITY OF NEW KENSINGTON 

PO. Box 577 920 Barnes Street 
New Kensington, PA 15068 

Facsimile: (724) 337-8307 

1.02  Authority Regular Hours. The regular business hours of the Authority are Monday through Friday, 8:00 a.m. through 5:00 p.m. The Authority office will be closed on all state holidays.

A RTKL request that is received by the Open Records Officer after the Authority’s regular business hours shall be deemed to have been received by the Open Records Officer on the following business day. For example, a request received via facsimile transmission after 5:00 p.m. on a Friday will be deemed to have been received by the Open Records Officer on the following Monday, unless the Authority’s office is closed on that Monday, in which case the request will be deemed to have been received on the following Tuesday.

1.03  Methods for the Delivery of Written Requests. Written requests for access to public records must be sent or delivered to the Open Records Officer via one of the following methods:

  1. By the United States Postal Service, postage pre-paid;
  2. By hand delivery to the office of the Open Records Officer;
  3. By facsimile transmission to the facsimile number of the Open Records Officer; or
  4. By e-mail to the e-mail address of the Open Records Officer.

1.04  RTKL Requests must be delivered only to the Open Records Officer. The Open Records Officer is the only Authority employee with the authority and responsibility to accept and respond to RTKL requests. No Board member or other employee of the Authority is authorized to receive or respond to an RTKL request and any delay in proper delivery of a request to the Open Records Officer may result in a delay to a response to the request. In addition, delivery of an RTKL request to any person other than the Open Records Officer will not begin the official time period within which a response is required under the RTKL, the time period to begin only upon actual receipt of the request by the Open Records Officer.

1.05  Content of Request. A request for access to public records made to the Open Records Officer must:

  1. Be made in writing;
  2. Contain the Requester’s full name;
  3. Contain the full address of the Requester’s residence or place of business;
  4. Include the Requester’s daytime telephone number in order that the Open Records Officer can contact the Requester to discuss his or her RTKL request or obtain clarification or other information related to the request;
  5. Be signed by the Requester;
  6. Identify the return address to which the Open Records Officer is to send his or her official response;
  7. State that the request is made pursuant to the Pennsylvania Right to Know Law;
  8. Identify or describe the record or records sought by the Requester in sufficient detail to enable the Open Records Officer to understand what record or records are being requested; and 
  9. Clearly label the request as a “RIGHT TO KNOW LAW REQUEST.”

1.06   The Requester may forward his or her request with all the above-requested information, either on his or her own form, on a form provided by the Authority, or on the form established by the Pennsylvania Office of Open Records.

1.07  Oral or Anonymous Requests shall not be Accepted. The Open Records Officer is not obligated to respond to: 

  1. Oral RTKL requests;
  2.  RTKL requests submitted by any method other than those permitted by this Policy or by the Act;
  3. Anonymous RTKL requests or any request which does not clearly set forth the information required by Section 1.05 above; and

An oral or anonymous RTKL request shall be denied by the Open Records Officer without other cause. 

1.08  Each RTKL Request must be submitted as a Separate Document. Each RTKL request must be set forth in a separate, stand-alone document, preferably on an approved request form as described in Section 1.06 above. Requests for access to records shall not be included as part of other documents.

1.09  Access to Public Records in General. The following provisions apply generally to access to public records under the RTKL: 

  1. Right to access. The RTKL provides all legal residents of the United States with the right to inspect and duplicate public records in the possession of the Authority, subject to the limitations and exceptions established in the RTKL, during the regular business hours of the Authority.
  2. Physical access generally. The Open Records Officer is the only individual employee of the Authority who has the authority to grant physical, in person access to the public records of the Authority. The Open Records Officer may, in his or her discretion, impose reasonable restrictions relative to the time, place and nature of the physical in-person access to such public records. Nothing in the RTKL requires the Authority to permit access to any Authority computer.
  3. Access, provided by mailing a copy of the records. Mailing, by the Authority, of a copy of a public record to the Requester at the address given by the Requester in his or her request shall constitute providing the Requester with physical access to the public record. However, if the Requester specifically requests access to the original record and such request is an allowable request under the RTKL, access to such record will be granted pursuant to the reasonable time, place and access restrictions established by the Open Records Officer.
  4. Records available on the Authority Website. Some of the Authority’s public records will be made available through the Authority’s official website: www.newkenwater.net. Physical access to any such records as are requested shall be considered to have been provided for all records contained on the website. Where the Authority has already posted a requested record on its website, the Authority will be deemed to have complied with any request for access to such record and the Requester will be directed to access the record via the website. 

SECTION 2: RESPONSE OF AUTHORITY

2.01   Receipt of a Written Request for Access. Upon receipt of a written request for access to a record, the Authority Records Officer shall make a good faith effort to determine if the record requested is a public record; whether the Authority has possession, custody or control! of it and he or she will respond to the request as promptly as possible in accordance with the RTKL under the circumstances existing at the time of the request.

2.02  Response Time after Receipt of a Written Request. The time for response to a written request shall not exceed five (5) business days from the date the written request is received by the Open Records Officer. Failure by the Authority to send a response within said five (5) business days shall be deemed a denial of the request, subject to such extensions of time as may be granted or allowed pursuant to provisions of the RTKL.

2.03  Denial of Written Request. If the Authority’s response is a denial of a written request for access, whether in whole or in part, the denial shall be issued in writing and it shall include: 

  1. A description of the record requested;
  2. The specific reason or reasons for the denial, including a citation of supporting legal authority;
  3. Typed or printed name, title, business address, business telephone number and signature of the Open Records Officer by whose authority the denial is issued;
  4. Date of the response; and
  5. The appeal procedure under the RTKL for a denial of access.

2.04  Appeals of a Denial of a Written Request. All appeals of the derial of a written request shall be as provided for in the RTKL and any regulations created with respect to it. A copy of the official appeal procedure shall accompany the Authority’s response to a full or partial denial of access. 

SECTION 3: FEES

3.01   Fees in General. The cost of providing access to public records shall be borne by the Requester, and will be charged to the Requester by the Authority in accordance with this Policy.

3.02  Standard fees. The following fees shall be imposed upon a Requester: 

  1. Photocopies.
    Per Page: $0.25
  2. All other Fees shall be established by the Fee Structure established by the Pennsylvania Office of Open Records available at: https://www.openrecords.pa.gov/RTKL/FeeStructure.cfm
  3. Prepayment.
    1. Prior to granting a request for access to public records in accordance with the RTKL, the Authority shall require a Requester to prepay the Authority’s estimate of the fees authorized under this Section 3.
  4. Forms of Payment. 
    1. All costs to be paid by a Requester shall be paid in cash or by a Bank check or money order payable to “MUNICIPAL AUTHORITY OF THE CITY OF NEW KENSINGTON.” No personal checks or credit cards will be accepted.

ADOPTED the 4th day of December, 2008, by the Board of the Municipal Authority of the City of New Kensington, Westmoreland County, Pennsylvania, at a duly called and held meeting on said date.