To determine if a requested record is exempt from access, the Open Records Officer will consider and apply each exemption separately.
The following records are exempt from public access by a requester in accordance with the Right-To-Know Law.
Personal information that must be disclosed includes the name; position; salary; actual compensation or other payments or expenses; employment contract; employment-related contract or agreement; and length of service of a public official or Borough employee.
The Open Records Officer may redact from a record the name or other identifying information relating to an individual performing an undercover or covert law enforcement activity.
If the Open Records Officer determines that the requested record is subject to public access, the Open Records Officer will respond and grant access in accordance with law, Borough policy and administrative regulations.
The requester will pay the established duplication fee.
If the third party that possessed the requested public record duplicated the record in response to the request, the Open Records Officer will remit the fee to the third party.
The third party is not required to provide access to any other of its records.
To request access to a pre-final adjudication transcript possessed by a stenographer that is subject to disclosure, the requester must directly contact the stenographer and pay the fees assessed by the stenographer.
After an adjudication becomes final, binding and nonappealable, a transcript of an administrative proceeding will be provided to a requester, and the established duplication fee will be charged.
When a third party provides a record to the Borough and includes a written statement signed by its representative that the record contains a trade secret or confidential proprietary information, the Open Records Officer will notify that third party of a request for access to that record.
Trade secret is defined as information, including a formula; drawing; pattern; compilation such as a customer list; program; device; method; technique; or process that derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The term includes data processing software obtained by the Borough under a licensing agreement prohibiting disclosure.
Confidential proprietary information is defined as commercial or financial information that is privileged or confidential and the disclosure of which would cause substantial harm to the competitive position of the individual that submitted the information.
The Open Records Officer will provide notice within five (5) business days of receipt of the request. The third party will have five (5) business days from receipt of the Open Records Officer’s notice to provide input on the release of the requested record.
The Open Records Officer will provide access to the record or will deny the request for access within ten (10) business days of providing notice to the third party and will notify the third party of the Open Records Officer’s decision.
The exempted record will be made accessible for access and duplication, in accordance with law and Borough policy, if all of the following apply:
The listed exemptions do not apply to financial records, except that the Open Records Officer shall redact the portions of a financial record protected under exemptions 1, 2, 3, 4, 5, 6, 16 or 17.
The listed exemptions do not apply to aggregated data maintained or received by the Borough, except for data protected under exemptions 1, 2, 3, 4 or 5.
Law Enforcement Activity
The Open Records Officer will not disclose the identity of an individual performing an undercover or covert law enforcement activity.
Other Requests For Records
This Policy shall only apply to requests for records made pursuant to Pennsylvania's Right-to-Know Law, as codified at 65 P.S. §§ 66.1, et seq., as amended by 65 P.S. §§ 67.101, et seq.
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