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Following are links to the various Right to Know request forms. If you are requesting Borough records, please click on the link below for Borough . If you are requesting Authority (water and sewer) records, please click on the link below for the Hamburg Municipal Authority. If you are requesting Police records, please click on the link below for the Hamburg Police Department. After filling out the form, please fax to 610-562-8461 or email to borohmbg@comcast.net or bring it into the Borough Office. You may also mail your request. BOROUGH RIGHT TO KNOW REQUEST FORM HAMBURG MUNICIPAL AUTHORITY REQUEST FORM RIGHT TO KNOW RESOLUTION BOROUGH OF
HAMBURG RESOLUTION NO. 1-09 A RESOLUTION OF
THE BOROUGH OF HAMBURG, BERKS
COUNTY, PENNSYLVANIA ADOPTING A POLICY TO GOVERN REQUESTS FOR PUBLIC RECORDS IN
ACCORDANCE WITH ACT 3 OF 2008, THE PENNSYLVANIA RIGHT TO KNOW LAW. WHEREAS, Pennsylvania Governor Rendell recently enacted Act No. 3-2008,
which contains an effective date of January 1, 2009 (the “PA Right To Know
Law”); and WHEREAS, the PA Right To Know Law recommends that each municipality establish a written policy governing access to public records, name an open records officer and establish a reasonable fee schedule, among other things, in accordance therewith. SECTION 2.
Requests. All requests for access to
public records of the Borough shall
be made by any person who is a legal resident of the United States of
America. The request shall be made
in writing to the Open Records Officer (as set forth in Section 3 below) via
mail, facsimile or email. The
request shall include the following information: the date of the request; the
name, address and telephone number of the requester; an identification and/or
description of the public records requested with sufficient specificity to
enable the Borough to determine which public records are requested; the
signature of the requester; and the prepayment fee, if applicable.
The request shall also include a certification that the requester is a
legal resident of the United States of America as evidenced by any supporting
documentation (i.e. driver’s license, Social Security card, passport, etc.). SECTION 3. Open Records Officer. The Borough hereby designates the Borough Manager as the Opens Records Officer for the Borough. All requests for access to public records of the Borough shall be directed to the Borough Manager, Borough of Hamburg, 61 North Third Street, Hamburg, Berks County, PA 19526; Telephone: 610-562-7821; facsimile: 610-562-8461. The Open Records Officer shall be responsible for the enforcement and compliance with this policy and the PA Right to Know Law. The duties of the Open Records Officer shall be to receive and document requests for public records, maintain copies of such requests, monitor the progress of the Borough in responding to such requests and issue interim and/or final responses to such requests.
SECTION 4. Response. (a)
The Open Records Officer shall review all written requests for access to
public records. As soon as possible,
but not later than five (5) business days after receiving a written request to
access public records, the Open Records Officer shall respond to such requests
in writing in accordance with the PA Right To Know Law.
If the Open Records Officer does not respond or provide a notice under
Section 9 below within five (5) business days of receipt thereof, the request
shall be deemed denied. It shall be
the practice of the Open Records Officer to cooperate with those requesting
public records while protecting the Borough documents from the possibility of
theft, damage and/or modification. (b) The response of the Open Records Officer, on behalf of the Borough, to the requester shall be one of the following: (i) grant the request in its entirety; (ii) deny the request in its entirety; (iii) grant part of the request and deny other portions of the request; (iv) notify the requester that the request is being reviewed in accordance with Section 9 below; or (v) notify the requester that the public record is available through other publicly accessible electronic means (i.e. Borough website).
SECTION 6. Approval - Inspection.
If the request is approved and is for inspection of public records, the
requester shall make an appointment with the Open Records Officer to come to the
Borough building at the address set forth in Section 3 above during regular
business hours of the Borough for such inspection.
The presence of the Open Records Officer or his or her designee shall be
required during such inspection. SECTION 7. Approval - Copies. If the request is approved and is for copies of public records, the Open Records Officer shall provide such copies to the requester in accordance with the time requirements of this policy and the PA Right To Know Law, provided that the requester has paid all necessary fees as set forth in Section 11 herein. SECTION 8. Denial. If, after receiving a request for access to public records, the Open Records Officer determines that access to the requested public record is denied pursuant to the PA Right To Know Law, then the Open Records Officer shall issue a notice in writing to the requester indicating that access to the public record is denied. The notice of denial shall contain a description of the public record requested, the reason for denial including the legal authority relied upon in the PA Right To Know Law, the date of the denial, the signature of the Open Records Officer and an explanation of the procedures for appealing the denial under the PA Right To Know Law. If any request or a portion thereof is denied, the Borough shall maintain the request for thirty (30) days after such denial or, if an appeal is filed, then until a final determination is issued on the appeal. SECTION 9. Review of Request. If, after receiving a request for access to public records, the Open Records Officer determines any of the following circumstances exist, the requester shall be issued a notice that the request is being reviewed: SECTION 10. Solicitor. The Open Records Officer, in his or her sole discretion, shall have the authority to request that the Solicitor for the Borough respond to a request for public records under this policy and the PA Right To Know Law.
SECTION 11. Fees.
The following fees shall be applicable to requests for access to public
records: (a) Photocopying fees – Twenty-Five Cents ($0.25) per page; (d) Copying
off-site of subdivision, land development or other plans -
Twenty Dollars ($20.00) plus actual cost incurred. If mailing is
requested, the cost of postage shall be charged to the requester.
The Borough, in its sole discretion, may waive the fees for duplication
of public records if the Borough determines that it is in the public interest to
do so. Unless otherwise waived by
the Borough hereunder, all applicable fees shall be paid prior to the requester
receiving access to the public records requested. SECTION 12. Prepayment of Fees. If the cost of duplication of a public record is expected to exceed One Hundred Dollars ($100.00), the Borough may require the requester to prepay the estimated fee authorized by the policy, prior to providing access to the requested public records. Accordingly, access to the public records shall be postponed by the Borough until prepayment is received from the person or entity requesting.
SECTION 13. Appeals. (a)
If a request is denied or deemed denied, the requester may file an appeal
in writing to: Executive Director,
Office of Open Records, Department of
Community and Economic Development, Commonwealth Keystone Building, 400 North
Street, Plaza Level Harrisburg, PA 17120-0225; website: http://openrecords.state.pa.us;
email: openrecords@state.pa.us. Appeals
of criminal records shall be made to the District Attorney of Berks County, John
T. Adams, Esquire, Berks County Services Center, 633 Court Street, 5th
Floor, Reading, PA 19601. Such
appeal shall be filed within fifteen (15) business days of the date of the
denial notice or deemed denial by the Borough.
The appeal shall state the grounds upon which the requester asserts the
records is a public record and shall address any grounds stated by the Borough
for delaying or denying the request. (b)
Within thirty (30) days of the date of the final determination of an
appeal set forth in Section 13(a) above, the requester or the Borough may file a
petition for review with the Court of Common Pleas for Berks County.
Such a petition for review shall stay the release of public records until
a decision on such petition is issued. SECTION 14. Form.
The Borough shall utilize the form attached hereto as Exhibit
"A" or a form substantially similar in nature to process all requests
for access to the Borough's public records.
When completed, a copy of the form shall be given to the Requester and a
copy shall be retained by the Borough. SECTION
15. Effective Date.
This Resolution shall take effect as of January 1, 2009 and shall apply
to all requests for public records submitted after December 31, 2008. SECTION 16. Repealer. The Borough hereby vacates and repeals any prior policies or resolutions setting forth procedures and regulations pertaining to or related to Right to Know requests, which repealer shall take effect as of January 1, 2009. BOROUGH OF
HAMBURG
Secretary
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