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CODE | NEW LAWS | LAW INDEX

[HISTORY: Adopted by the Borough Council of the Borough of Stockertown 4-21-2008 by Res. No. 42. Amendments noted where applicable.]

§ 3-1 Purpose.

The Stockertown Borough Council recognizes the importance of public records as the records of acts of the Borough of Stockertown and the repository of information about the Borough. The public has the right under law to inspect and procure copies of such records with certain exceptions subject to the following guidelines.

§ 3-2 Definition.

As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC RECORDS OF THE BOROUGH OF STOCKERTOWN
Any account, voucher or contract dealing with the receipt of or disbursement of funds, acquisition, use or disposal of services or supplies, materials, equipment or any other property, or any minutes, orders or decisions fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons.

§ 3-3 Authority.

The Borough shall make the public records of this district available for inspection and copies in accordance with these guidelines, with the exception of those records exempted from such inspection and copying by law and the rules of the Council.

A.

Records exempted by law include:

(1)

Reports, communications or other items the publication of which would disclose the institution, progress or result of an investigation.

(2)

(Title 22) Any record, document, material, exhibit, report, memorandum or other product, access to which or publication of is prohibited, restricted or forbidden by law or court order or decree, or which would cause or operate to the prejudice or impairment of a persons reputation or personal security or would result in the loss of federal funds, except the record of any conviction for a criminal act.

B.

Records exempted by the Borough who declares disclosure of certain public records to be harmful to the public interest and exempts from public inspection the following:

(1)

Pending negotiations toward a collective bargaining agreement.

(2)

Any material which constitutes an unwarranted invasion of an individuals right to privacy such as any records, data, reports, recommendations or any other personal material, including but not limited to information relating to a person's family, family circumstance.

(3)

Procedures and techniques utilized in the protection of and safety of property of the Borough and public where disclosure of such information could impair such protection.

(4)

Pending or anticipated litigation, contract negotiations and any issues that may be privileged between the Borough and its attorney or consultants or special agents.

(5)

Personnel records such as the home address or telephone number of any employee.

(6)

Notations and tape recordings made and retained as an administrative convenience in the performance of assigned duties.

(7)

Any document or material that is currently under development by Borough Council, Committee, or Commission until it has been duly approved and adopted by the Borough Council.

§ 3-4 Guideline.

The public may inspect and procure public records, except those exempted, during the regular business hours of the office in which the record are mentioned. No public records may be removed from the control or supervision of the designated custodian.

§ 3-5 Procedure.

The public may inspect and obtain public records except exempted records by the following guidelines:

A.

A fee of $0.25 per page of each copy will be charged for all public records.

B.

A written request for the public record shall be made to the Borough Secretary. The custodian and Council President will make a determination of appropriateness and direct the request to the proper operating department if applicable.

C.

Copies of the information will be forwarded to the Borough Secretary, who will then contact the requesting party.

D.

Requests for information deemed unreasonable may be denied. Citizens have the right to appeal to Borough Council. The determination of Council shall be final.

E.

Requests for information requiring clerical work such as searches, and the like, will include a clerical fee of $25 per hour or fraction thereof.

F.

No public record may be removed from the control or supervision of the designated custodian.


§ 3-6 Purpose.

It is necessary for the orderly operation of the Borough to provide a means of access to Borough buildings and offices for employees, elected officials, the public and those designated by the Borough Council. It is the intent of the policy to protect the rights of the employees and service the legitimate interests of the Borough by limiting access to Borough buildings and offices and provide a method for access.

§ 3-7 Definitions.

As used in this article, the following terms shall have the meaning indicated:

BOROUGH BUILDINGS
Any and all real property, building or other facility, owned, leased or maintained by the Borough to provide legitimate services or to conduct the official business of the Borough.
CONTRACTORS
Are persons or organizations selected by Stockertown Borough Council to provide a specified service or activity.
ELECTED OFFICIALS
Members of the Stockertown Borough Council who have been duly elected and serving an active team.
EMPLOYEE
All persons employed by Borough of Stockertown to provide a legitimate service.
NORMAL WORKING HOURS
Eight a.m. to 4:30 p.m., Monday through Friday, unless otherwise specifically detailed.
OFFICES or WORK SPACE
Any and all areas designated by the Borough as an area not open to the public or persons other than those assigned or designated to utilize the area.

§ 3-8 Authority.

The Borough Council has the authority to employ persons, contractors, and designate groups of people to provide legitimate services. Council may designate work areas for these employees. Work areas are not areas open to the public but may, by physical design, allow the public or other persons access to the limited area during designated working hours. The Borough recognizes the safety of the employees, the responsibility to safely maintain records, information, and equipment not available to the public and the obligation to protect the public or other persons from the inherent dangers of the work place environment.

§ 3-9 Procedure.

No unauthorized person shall access any Borough property unless the person is performing a duly authorized task or activity at the direction of Borough Council President.

A.

Persons may apply to the Council to utilize or access a Borough property by providing a written request to the Council President designating the date, time and usage. Council may require any additional information and set conditions or fees for the use or access to the Borough property.

B.

No person other than an employee assigned to a work space or office, and designated to perform a legitimate service for the Borough shall have access to the office, work space, equipment, records, materials or Borough buildings.

C.

The Borough, by means of access control (key/lock or other method), shall secure all Borough properties, offices, and work spaces to prevent unauthorized entry, and to ensure security and the protection of records, materials and equipment.

D.

The President of the Borough Council shall grant or deny access to Borough property, offices, and work spaces to the currently elected officials, employees, and designated persons as deemed necessary.

Recommended levels of access:

(1)

Council President and Vice President: access to the Council Meeting Chamber and emergency access to all Borough property and offices.

(2)

Councilperson: access during normal working hours to Council Meeting Chamber.

(3)

Public Works Supervisor: access to Meeting Chambers, Sewer Plant, Emergency Services Building, all garages, and equipment.

(4)

Public Works Senior Employee: access to Meeting Chambers, garages, equipment and assigned work area.

(5)

Police: access to Meeting Chambers, Police Office, Emergency Services Building and assigned work area.

(6)

EMC: access to Emergency Services Building, emergency response areas, equipment and other access as needed in an Emergency.

(7)

Zoning Officer: access to Meeting Chambers, assigned work area and zoning records.

(8)

Janitorial staff: no access.

(9)

Borough-contracted employees, i.e. auditors, solicitors, accountants, engineers, and Sewer Plant Operator: no access.

(10)

Zoning Hearing Board: no access, except for Zoning Officer and during meeting hours.

(11)

Planning Commission: no access except during meeting hours.

(12)

Forks Fire Company: access to Emergency Services Building.

 

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