Public Records Policy

The following policy is hereby established by Tredyffrin Township (the "Township") in regard to reviewing public records in possession of the Township ("Township records"):

1. Any citizen of Pennsylvania has the right to examine and inspect any public record of a public agency under authority of the Pennsylvania Right to Know Law. This includes the right, under certain conditions, to make copies under supervision of the custodian of records. The law also provides for the denial of access to some public records, redaction of certain information, and responses to request for access. Finally, the law provides processes for appeals, court costs, attorney fees, penalties, and certain immunities.
2. "Public records," as defined by the Right to Know Law, are: 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. However, 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 statutory 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, 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.
3. Request for review of any Township records must be made in writing on the Township Public Record Review/Duplication Request Form (the "request form") to the Township Secretary, 1100 Duportail Road, Berwyn, PA, 19312. The completed request form shall include the date of the request, the name and address of the requester, a clear and specific description as to which documents or records are to be reviewed, and other information and certifications required on the request form. The request form is available at the Township building and on the Township's website, www.tredyffrin.org.
4. The Township Secretary shall review all written requests submitted on the request form for access to Township records. As soon as possible, but no later than five (5) business days after receiving a completed request form, the Township Secretary (or other Township designee) shall respond to all such requests in a manner consistent with the Open Records Law.
   
   The response time of the Township may be extended beyond the five (5) business day period in the following circumstances:
   • The request requires the redaction of a public record,
   • The request requires retrieval of records stored in a remote location,
   • Bona fide and specified staffing limitations inhibit a timely response,
   • A legal review is necessary to determine if the record is a public record,
   • The requestor has not complied with the Township's access policies, or
   • The requestor refuses to pay the applicable fees.
   If any of these exceptions apply, the Township shall respond to the request in writing within five (5) business days to specify the reason for delay and provide an expected response date. The response time may be extended up to an additional thirty (30) days.

REVIEWING/COPIES OF TOWNSHIP RECORDS

5. Township records are to be viewed between the hours of 8:00 a.m. and 4:00 p.m. on regular Township business days. Review must be done at the convenience of the Township staff. Appointments are required. Appointments must be made with the Township Secretary or other designated Township staff.
6. When responding to a request for review, the Township staff is not required to create a record which does not currently exist or to compile information into a new or different format. Records are generally produced and/or copied in the format in which they are maintained.
7. In the case of any Township records to be reviewed, the Township reserves the right to oversee all reviews. In no case shall unbound record and files be reviewed without Township staff present. The Township reserves the right to limit inspection periods to 30 minutes per sitting and the number of times per month that reviews can take place.
8. Attorneys representing a client for the purpose of review must state the name of the client and the client's address. If the client is a company, partnership, corporation, etc., the principal officers or partners of the entity must be identified.
9. A request may be made for copies of any Township records. Copies will be made as soon as practical by the Township, given other duties of the Township staff. Appropriate charges will be made for all copied material, such price to be periodically established by the Township. If "True and Correct Certification" is requested, an additional charge of $2.00 will be added to the fee. No copies shall be provided until the requesting party has made full payment therefore.
10. At no time shall any original Township records, of a size that the Township has the ability copy, be removed from the Township building. Certain original documents that the Township is unable to copy may be removed from the Township building solely for the purposes of copying, provided that the requesting party leaves a $100 deposit, which will be refunded upon the document's satisfactory return. Copies of Township records that have been approved by the Township and paid for in full by the requesting party may be removed from the Township building.
11. No copying of original Township records may be done by the requesting party or any third party, unless approved by the Board of Supervisors or the Township Manager.
12. The Township does not have the capability to copy blueprints. For requesting parties seeking blueprints, the Township will ask the engineer of the plan for an extra copy and will make that copy available at cost. Therefore, copies of blueprints will not be available for "rush" copying.

APPEALS/DENIALS

13. If a request to review and/or copy Township records is denied, any denied party who wishes to challenge the denial must file exceptions with the Township in accordance with the Pennsylvania Right to Know Law within fifteen (15) days of the notice of denial. The denied party's exceptions shall state the basis for the position that the record requested is a "public record" and shall address all grounds listed by the Township in denying the request.
14. The Township has thirty (30) days in which to respond to the denied party's exceptions, unless extended by consent of the parties. The denying official (as designated by the Township) may elect to conduct a hearing within that time to assist in the making of the decision. The denying official will then issue a written statement either affirming or reversing the denial. If the denial is affirmed, the denying official's written statement shall include a short and plain statement of the reason for the denial. The written statement shall be the final order of the Township.
15. If the denied party wishes to appeal the final order of the Township, the denied party must file a petition for review in the Chester County Court of Common Pleas or with the local magisterial district court within thirty (30) days of the notice of denial or within thirty (30) days of the Township's final order (in the event that the denied party has filed exceptions).
16. In the event that a court affirms the Township's final order on appeal, the denied party may be required to pay the Township's attorney's fees, costs, and other possible sanctions.

Public Record Request Form

• Public Record Request Form (2 page(s), 88 KB)