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OPEN RECORDS POLICY – RIGHT TO
KNOW LAW, ACT 3, 2008
ACCESS
Public records of the Lebanon
County Firefighter’s Association [Hereinafter shown as LCFA] shall be
available for inspection and requesting photo-copies by request in
writing to the Right – To – Know (Hereinafter shown as RTK) Officer
or Alternate Officer in writing on the appropriate form.
Requests shall be addressed
to the address shown above. NOTE: The Association has no office facility
and the Post Office Box is the official location to receive mail etc.
FEES
Paper copies will be at a cost
of $ 0.10 per page per side. If mailing is requested, the actual cost of
postage and required mailing container will be charged. FAX copies
will be available at a cost of $ 0.50 per page. If
“True & Correct Certification” is requested, an addition charge
of $2.00 per certification will be added. If a diskette is requested the
Association will provide it at a cost of
$1.00 per diskette. A new diskette will be necessary each time records are
provided. The Association will require prepayment of fees if the
total fees are estimated to exceed $100.00.
RESPONSE
The Association will make a
good faith effort to provide the requested public records as promptly as
feasible. The designated LCFA Officer(s) shall co-operate with those
requesting to review and/or duplicate original LCFA documents while taking
all reasonable measures to protect the documents of the LCFA from the
possibility of theft and or modification.
The designated RTK officer
or alternate shall review all written requests for access to records as
soon and possible, but no later that five (5)
business days after withdrawing the request from the LCFA post office box.
The designated (RTK) officer or alternate
shall respond to all such requests in a manner consistent with ACT 3,
Signed into Law February 14, 2008, effective January 1, 2009.
APPEAL PROCESS
If a written request is
denied or deemed denied, the requester may file exception(s) with the
Executive Committee of the LCFA within fifteen (15) days of the mailing
date of the Association’s denial. The exception(s) shall state grounds on
which the requester asserts that the record is a public record and shall
address any grounds stated by the LCFA for denying the request.
The Executive Committee of
the LCFA shall make a final determination on the exceptions within thirty
(30) days of the mailing date of the exceptions. The Executive Committee
may hold a hearing on the issue during the thirty (30) day period. If the
Executive Committee determines that the denial was correct, it must provide
a written explanation to the requester. The requester may appeal a final
determination to the Court of Common Pleas, County of Lebanon, Pennsylvania
or a District Justice within thirty (30) days of denial or final
determination.
Adopted and Spread upon the
Minutes of the Lebanon County Firefighter’s Association meeting in regular
session on November 17th, 2009, Convened at the Kutztown
Community Fire Co., Myerstown, Pennsylvania
Resolution doc
Right To Know Request Form
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