Hollidaysburg

Pennsylvania

Documents

Open Records Policy

View original document →

Open Records Policy Summary (Hollidaysburg, PA)

This document outlines the local agency’s policy for handling public records requests under Pennsylvania’s Right to Know Law (Act 3 of 2008). It is designed to help both the public and agency staff understand how requests are processed, what fees apply, and what rights and responsibilities exist.

Introduction & Purpose

  • The policy helps the public request “public records” and guides the Local Agency Open Records Officer in complying with those requests.
  • It does not override or replace any existing record retention policies already established by law or regulation.
  • Must be consistent with state law — if any part conflicts, the law takes precedence.

Posting Requirements

  • This policy and its adoption resolution must be posted prominently in the municipal building.
  • Also required: Fee Schedule Resolution, contact info for the Open Records Officer, contact info for the PA Office of Open Records, and copies of official request forms.

Form & Availability of Public Records

  • Records will be provided in the format requested — if available; otherwise, in whatever medium they currently exist.
  • The agency is not required to create new records, compile data, or reorganize existing records just to fulfill a request.
  • Records must be accessible during normal business hours.
  • No one is required to give access to computers owned by the agency or its employees.

Response Time

  • The agency must respond within five (5) business days.
  • Possible responses:
    • Provide copies or allow review
    • Deny the request
    • Ask for more time
  • If no response is given within 5 days, it is automatically considered a denial.

Fees

All applicable fees must be paid before access is granted.

General Rules:

  • If estimated fees exceed $100, prepayment may be required.
  • No fee for reviewing whether a record qualifies as “public” or “financial.”
  • Fees must be reasonable and based on actual costs.

Specific Fee Categories:

  • Postage: Cannot exceed actual mailing cost.
  • Duplication (photocopying, printing, electronic media, fax): Must be approved by the Office of Open Records and match local business rates.
  • Complex Data Sets (e.g., GIS, property assessments): May charge market value — except for journalists or nonprofits doing educational research (still subject to postage/duplication fees).
  • Certification: Reasonable fee allowed if requested for legal verification.
  • Conversion to Paper: Limited to the lesser of paper duplication cost or original media cost — unless requester specifically asks for the more expensive option.
  • Enhanced Electronic Access: Agency can charge user fees (flat rate, subscription, per-transaction, etc.) — but only if it’s in addition to standard access. Must be reasonable, approved by the Office of Open Records, and not intended to exclude people or generate profit.

Definitions (Key Terms)

  • Aggregated Data: Grouped data where individual identities cannot be distinguished.
  • Confidential Proprietary Information: Commercial/financial info that is privileged or whose disclosure would harm competitiveness.
  • Financial Record: Includes accounts, vouchers, contracts involving funds or acquisitions; salaries/expenses of officers/employees; financial audit reports (excluding underlying work papers).
  • Homeland Security: Government actions to prevent/respond to terrorism, disasters, emergencies — includes emergency preparedness, intelligence, infrastructure protection, border security.

Judicial Review

  • Within 30 days of final determination (or deemed denial), either party may file a petition for review with the Blair County Court of Common Pleas.
  • Court decision must include findings of fact, conclusions of law, and clear rationale.
  • Filing a petition stays (pauses) release of documents until court decides.

Miscellaneous Issues

  • Disruptive Requests: Agency may deny access if repeated requests for the same record create an unreasonable burden. Does not restrict requesting different records.
  • Disaster: Access may be denied if timely access is impossible due to fire, flood, etc. — but contents should still be made accessible if possible.
  • Certified Copies: Provided upon request and payment of fees, if access is granted.
  • Record Discard: If copies are ready for pickup and not retrieved within 60 days, agency may dispose of them and keep any fees paid.

This policy ensures transparency while balancing operational feasibility and legal compliance. Residents should expect prompt responses, clear fee structures, and protections against abuse — all aligned with Pennsylvania state law.

← Back to Documents