Open Records Policy
East Vincent Open Records Officer:
Haley A. Baer
262 Ridge Road
Spring City, PA 19475
PH: 610-933-4424
FAX: 610-933-1142
Email: hbaer@eastvincent.org
PA State Office of Open Records:
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
PH: 717-346-9903
Website: http://openrecords.state.pa.us
Email: openrecords@state.pa.us
Chester County District Attorney:
Deb Ryan
PH: 610-344-6801
FAX: 610-344-5905
Requests: Public Records will be available for inspection and copying at the East Vincent Township Municipal Building during normal business hours, Monday through Friday, 8:00 AM to 4:00 PM with the exception of holidays. A Public Record will be provided to the requester in the medium requested, if that medium exists. Otherwise, the Public Record will be provided in the medium in which it exists. East Vincent Township will not compile, maintain, format or organize a Public Record in a manner in which it does not already do so.
For what constitutes a Public Record, please refer to the attached definition.
Requests shall be in writing and directed to the Township Right to Know Officer at the East Vincent Township Municipal Building, 262 Ridge Road, Spring City, PA 19475. Written requests shall be on a form provided by the Township and shall include the date of the request, the name and address of the requester, and a clear description of the records sought.
Fees: Paper copies will be $0.25 per page per side. If mailing is requested, the cost of postage will be charged. If a disk is requested, it will be provided by East Vincent Township at the cost of $1.00 per disk. A new disk will be necessary each time records are provided. Fax copies will be available at the cost of $0.50 per page if faxed within the Commonwealth of Pennsylvania and, if faxed outside of Pennsylvania, there will be a charge of $2.00 in addition to the per page cost. If "True and Correct Certification" is requested, an additional charge of $2.00 will be added. East Vincent Township will require prepayment if the total fees are estimated to exceed $100.
Response: The Township will make a good faith effort to provide the requested Public Records as promptly as feasible. Township employees shall cooperate with those requesting to review and/or duplicate original Township documents while taking reasonable measures to protect Township documents for the possibility of theft and/or modification.
The Township Right To Know Officer shall review all written requests for access to Public Records. As soon as possible, but no later than five business days after receiving a written request to access Public Records, the Township Secretary shall respond to all such requests in a manner consistent with Act 100 of 2002, the Open Records Law., i.e., by providing copies of the records, by issuing a denial, or by responding in writing to explain that an exception applies.
Exceptions: If the Township claims an exception to the time requirements, it must issue a response (within five business days of receipt of the request) explaining that the request is being reviewed, the reason for the review, and a reasonable date that a response is expected to be provided. This response is only permitted where one of the following exceptions applies:
Even if one of the above exceptions applies, the anticipated "final" response date must be within 30 days, following the 5 business days set forth above. If the response is expected to or actually does take longer than 30 days following the 5 business days, the Township's response is deemed denied.
Redaction: If a document contains public and non-public information, the Township must redact (remove) the non-public information and produce the remainder of the document. The matter that is redacted is treated as a "denial," subject to denial issuance set forth above.
Appeals Process: If a written request is denied or deemed denied, the requester may file exceptions with the Board of Supervisors within 15 business days of the mailing date of the Township's denial. The exceptions must list specific reasons why the requester asserts that the record is a Public Record and must address the reasons listed in the Township's denial.
The Board of Supervisors shall make a "final determination" on the exceptions within 30 days of the mailing date of the exceptions. The Board of Supervisors may hold a hearing on the issue during this time period. If the Board determines that the denial was correct, it must provide a written explanation to the requester.
The requester may appeal a final determination to the Common Pleas Court or District Justice within 30 days of denial or final determination.
PUBLIC RECORD
Any account, voucher or contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons: Provided that the term "public records" shall not mean any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties, except those reports filed by agencies pertaining to safety and health in industrial plants; it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the publication of which is prohibited, restricted or forbidden by statute law or order or decree of court, or which would operate to the prejudice or impairment of a person's reputation or personal security, or which would result in the loss by the Commonwealth or any of its political subdivisions or commissions or State or municipal authorities of Federal funds, excepting therefrom however the record of any conviction for any criminal act.