VII. Response

Within 5 business days from the date the request is received, the Borough will (1) provide the records requested; (2) deny the request by notifying the requestor in writing; or (3) send a written notice that the records cannot be provided within the initial 5 business days. If it is determined that the request cannot be honored within the initial 5 days, a notice will be issued specifying a date when the records may be expected but, in no case, will the time be longer than 30 additional days. If no response is made within the five business days of receipt of written request, the request shall be deemed denied.

 

VIII. Fees

A request for copies of public records or information produced there from must be accompanied by payment of fees to cover the direct costs of duplication. Reasonable fees to cover direct costs, for copying services incurred by the Borough may be charged. Although not all-inclusive, the fees may be listed on a Schedule which may be adopted by the Resolution of Borough Council, and may be amended from time to time as expenses change by Resolution.

 

IX. Denials

If the Borough denies a written request for information, whether in whole or in part, a written response will be sent by the Open Records Officer or his/her designee to the requestor with:

(1) a description of the record requested; (2) the specific reasons for denial, including a citation of supporting legal authority; (3) contact information for the Open Records Officer; (4) date of response; and (5) procedure to appeal the denial.

 

X. Appeals

If a written request for access to a record is denied or deemed denied, the requester may file an appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under section 503(d) within 15 business days of the mailing date of the agency’s response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by the agency for delaying or denying the request.