Act 100
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Sample Open Records Policy

Requests
Public records will be available for inspection and copying at the Township Municipal Building during normal business hours, Monday through Friday, 8:30 AM to 4:30 PM, with the exception of holidays.

Requests shall be in writing and directed to the Township Secretary at the Township Municipal Building, 100 Municipal Drive, Township, PA 11111. 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 $0.10 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 the 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 "True and Correct Certification" is requested, an additional charge of $2.00 will be added. The 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 from the possibility of theft and/or modification.

The Township Secretary 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.

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 shall state grounds on which the requestor asserts that the record is a public record and shall address any grounds stated by the Township for denying the request.

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 the 30 days. 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.

Please take note that this sample is for your assistance only and should not be considered as a legal document. As always, consult your solicitor for a legal opinion. Also, townships should be sure that any fee schedule that they adopt reflects the actual costs to the township for fulfilling their obligations under Act 100 and that these fees are reasonable.