CLEARFIELD – The draft of a Right-to-Know policy was turned over to the Clearfield County Commissioners during Tuesday’s work session by Kim Kesner, county solicitor.
According to Kesner the Right-to-Know Law was amended in 2002. A provision in that amendment requires every agency to establish written policies to implement the law.
Kesner said that the county received right-to-know requests fairly infrequently. However over the last few months, more requests were made. This prompted Kesner to come up with a universal policy for the county and its agencies.
Kesner said that he views the policy as a tool for the public to use to learn how and where to address their requests, as well as a tool for government workers to learn how to respond to the requests.
The policy states that public records will be available for inspection and duplication during the county’s regular business hours. The policy is not intended to govern the Prothonotary, the Clerk of Courts, the Register of Wills, the Recorder of Deeds or Clerk of the Orphans Court in their capacities otherwise provided by law.
Written requests for public records should be submitted in writing. No requests by e-mail will be accepted. Written requests must identify the requestor, provide a phone number where the requestor can be contacted, certify that the requestor is a resident of Pennsylvania, identify (if possible) the county or department believed to possess the information, identify or describe the records sought specifically and provide the name and address to which a response is to be sent.
General or broad descriptions of the information or record sought will not be sufficient according to the policy. The person requesting the records has the right to inspect the information. It does not require that the county assemble or copy the information. Upon specific request the county may agree to copy the written or electronic record or convert them to paper. If a department does not have a customary fee, copying will cost .50 cents. Customary fees for official certification of records apply, and any additional actual costs by the county to comply with the request are to be paid as well.
After a request for duplication is received the county shall approve or deny the request and with any approval include the fees for any fulfillment of the request.
Requests can be sent to the Chief Clerk, 230 East Market Street, Clearfield, PA 16830. The clerk will then forward copies of the request to both the department head requested and the solicitor. If legal reviews are required, they will be done.
Otherwise the department head shall respond as promptly as possible. The department is to respond to the department head within five business days from the date the request is received. After that the chief clerk has 10 business days upon receipt of the request for access as required by the law to whether the request was approved or denied unless one of the following applies:
-The request for access requires redaction of a public record in accordance with the law;
-The request for access requires the retrieval of records stored in a remote location;
-A timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations;
-A legal review is necessary to determine if the records is subject to access under the act; and
-The requestor has not complied with the policy.
If any of those apply the chief clerk will respond within ten business days. That notice will include a statement that says the request for access is being reviewed, the reason for the review and a reasonable date a response can be expected.
Unless there is an exception the chief clerk shall send written notice within five business days of the receipt of the request, denied or approved.
The commissioners may act upon the policy at their next regular meeting.