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This Policy shall take effect on January 1, 2009, and shall remain in effect until superseded, amended or withdrawn by the Authority.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.
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:
1.04 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:
1.06 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:
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:
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:
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.
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:
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.