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Right to Know/Open Records
New Berlin Borough
 

UNION COUNTY, PENNSYLVANIA

NEW BERLIN BOROUGH

OPEN RECORDS POLICY

To comply with the Pennsylvania Open Records Act in regards to record retention practices and responses to requests for public records.

Definition:

“Public record” means a record, as defined in the Pennsylvania Open Records Act.

Policy/Procedure:

Requests

1. Public records will be available for inspection and copying at the Borough of New Berlin during normal business hours, upon appointment, Monday through Friday, upon request, with the exception of holidays.

Requests shall be directed to the Open Records Officer at the
Borough of New Berlin
Attn:  Rebecca Witmer, Open Records Officer
700 Water Street
PO Box 330
New Berlin, PA  17855-0330

Written requests shall be on a form provided, linked to this page, by the Borough and shall include the date of the request, the name and address of the requester, and a clear description of the records sought.

Fees

Black and white paper copies will be $0.25 per page, per side. Color copies will be $.0.40 per page, per side.  If mailing is requested, the cost of postage will be charged. Faxed copies will be available at the cost of $0.50 per page. Research of the records and administrative time is $15.00 per hour.

If "True and Correct Certification" is requested, an additional charge of $5.00 will be added. 

The Borough will require prepayment of all fees.

Response

The Borough will make a good faith effort to provide the requested public records as promptly as feasible. Borough employees shall cooperate with those requesting to review and/or duplicate original documents while taking reasonable measures to protect documents from the possibility of theft and/or modification.

The Open Records 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 Open Records Officer shall respond to all such requests in a manner consistent with the Open Records Law.

 

 Appeals Process

If a written request is denied or deemed denied, the requester may file exceptions with the Borough Council within 15 business days of the mailing date of the Borough'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 Borough for denying the request.

The Borough Council shall make a “final determination” on the exceptions within 30 days of the mailing date of the exceptions. The Borough Council may hold a hearing on the issue during the 30 days. If the Borough Council determines that the denial was correct, it must provide a written explanation to the requestor.

The requester may appeal a final determination to the Common Pleas Court or District Justice within 30 days of denial or final determination.