Open Records Officer for the Borough of Wesleyville, Erie County, PA:
Borough of Wesleyville
3421 Buffalo Road
Erie, PA 16510-1813
It is the stated policy and intent of the Borough of Wesleyville to be in full compliance with all applicable State and Federal regulations regarding the availability of qualifying open records to the public.
Qualifying Open Records:
As defined by Act 3-2008, a public record is any record that, (1) is not exempt under section 708, (2) is not exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or (3) is not restricted by privilege.
Open Records Officer:
The Borough of Wesleyville shall appoint the Borough Secretary or the Borough Assistant Secretary to the position of Open Records Officer.
Forms of Request:
Requests for records may be made verbally (in person), electronically or in writing. Requests will not be accepted by telephone. Only those requests submitted in writing can appeal the decision of the Open Records Officer with respect to a denied request for a record. Written requests will be accepted on the Borough’s or on the State’s form.
The Borough may charge a fee for the copying of requested records. That fee shall be the maximum fee per page allowed in compliance with Act 3-2008, as amended. At the time of implementation of this policy, that fee is $0.25 per page. The Borough may, at its sole discretion, waive the fee or may require prepayment of a fee estimated to be more than $100. There shall be no charge for research/employee time required to complete the request.
Responses to Requests:
In compliance with Act 3-2008, the Open Records Officer shall reply to all requests for open records within five business days of receipt of the request.
Denial of Repeated Requests for the Same Record:
The Open Records Officer may deny a request if repeated requests have created a burden on the Borough, as stipulated in section 506(a) of Act 3-2008.
Appeal Procedure for Non-criminal Requests:
First, a requester must submit the request in writing in order to reserve his right to appeal. The Open Records Officer must give a response (a denial is considered a response) within five business days. The requester must appeal the decision to the state Office of Open Records within 15 business days from the date of the mailing of the Borough’s response. “An appeal must state the grounds for asserting openness and address the grounds of the (Borough’s) denial. The Office of Open Records assigns an appeal officer.” The appeals officer must make a final written determination within 30 days, with an explanation of the decision. IF no determination is issued within 30 days, it is deemed a denial. The appeals officer may conduct a public hearing, but is not required to do so. The determination is the final order. The requester or Borough may appeal the final order to the Court of Common Pleas within 30 days of the receipt of the appeals officer’s determination. A third party who has interest in the appeal may join an appeal within 15 days of “receiving actual knowledge about the appeal.”
Appeal Procedure for Criminal Investigative Records:
First, a requester must submit the request in writing in order to reserve his right to appeal. The Open Records Officer must give a response (a denial is considered a response) within five business days. The requester must appeal the decision to the County District Attorney within 15 business days from the date of the mailing of the Borough’s response. “An appeal must state the grounds for asserting openness and address the grounds of the (Borough’s) denial.”
Retension of Written Requests:
As required by section 502 (b) (iii) of Act 3-2008, an electronic or paper copy of a written request, including all documents submitted with the request, will be maintained until the request has been filled. If the request is denied, the written request will be maintained for 30 days, or, if an appeal is filed, until a final determination is issued under section 1101 (b) or the appeal is denied.
Posting of this Policy:
The Borough shall post this Policy in the office and on our website and make copies available.
Municipal Record Retension Schedule:
Nothing in this policy shall prevent the Borough from disposing of records from time to time in accordance with the Municipal Record Retension Schedule.
Download the Record Request Form here: Right To Know Request Form