Philadelphia Energy 权威 知情权 Law Policy
Adopted August 26, 2020 pursuant to 65 P.S. § 67.504(a)
Effective Date: August 26, 2020
The Philadelphia Energy 权威 (“the 权威”) adopts this policy pursuant to Section 504(a) of the 知情权 Law, 65 P.S. §§ 67.101-67.3104(“RTKL”). The 权威 has made this policy available to the public at its administrative office and on its public website along with the RTKL Uniform 请求 Form. 看到 65 P.S. § 67.504(b) (relating to 权威 posting requirements under the RTKL).
All of the definitions set forth in the RTKL are incorporated into this policy by reference. 看到 65 P.S. § 67.102.AORO.
The 权威 Open Records Officer designated by the 权威 pursuant to Section IV of this policy.
工作日. The regular business hours of the 权威 are Monday through Friday from 9:00 am to 5:00 pm. 工作日s exclude Saturday and Sunday and a weekday on which the 权威 is closed for business
3. 权威 Website
The 权威 maintains a public website at http://via.big-bang-art.net. Many of the records most commonly requested from the 权威 are available on the website. The following information is also posted on the 权威’s website: AORO contact information; contact information for the Pennsylvania Office of Open Records; a form which may be used to file a RTKL request; and a copy of this policy. 看到 65 P.S. § 67.504(b) (relating to 权威 posting requirements under the RTKL).
IV. Submitting a RTKL 请求 to the 权威
A. Open Records Officer. The 权威 has designated an AORO and an Alternate AORO to respond to RTKL requests.
The contact information for the AORO is:
Emily Schapira, AORO
Maxine Dixon, Alternate AORO
Philadelphia, PA 19107
The contact information for the AORO and Alternate AORO is posted on the 权威 website.
请求s must be submitted in writing using the RTKL Uniform 请求 Form available on the 权威 website and must be addressed to the AORO. If a requester chooses not to use the RTKL Uniform 请求 Form, the request will be considered an informal request, not subject to the RTKL. This means that the requester cannot pursue the relief and remedies provided for in the RTKL. To allow the 权威 to locate requested records and determine whether those records are public, requests for records should be specific and concise and clearly identify, as precisely as possible, the records sought. 看到65便士.S. § 67.703. 请求ers should clearly indicate the preferred method of access – paper copies, electronic copies or by inspection. A requester should 保留 a copy of the request, as a copy of the request is necessary should a requester appeal the 权威 response.
B. Receipt of the request. For the purpose of calculating the response deadline, the 权威 is deemed to have received the request on the business day that the AORO receives the request. 看到 65 P.S. § 67.901. Any request that is received by the 权威 after the close of regular business hours shall be deemed to be received on the next business day. If the request is received by an 权威 employee other than the AORO, the request will be forwarded to AORO as soon as practical.
C. 口头请求. The 权威 will respond to verbal requests for records at its discretion. 请求ers submitting verbal requests for records should be aware that they may not pursue the remedies available to a requester under the RTKL.
D. Anonymous requests. The 权威 will not respond to anonymous requests for records.
E. Response period generally. The 权威 has 5 business days to respond to a request for records under the RTKL. If an 权威 does not respond, the request is considered “deemed denied,” and a requester’s appeal rights commence.
V. 权威 Response
A. Extension of time for response. The 权威 is permitted to take an additional 30 calendar days to respond to any request for the reasons set forth in Section 902 of the RTKL. 看到 65 P.S. § 67.902. If the 权威 invokes an extension, the 权威 will inform the requester in writing, in accordance with the requirements set forth in Section 902(b)(2) of the RTKL.
B. 请求er’s agreement to extend the response period. The requester may agree, in writing, to extend the 权威 response period. 看到 65 P.S. § 67.902(b)(2). The requester must agree to the extension during the initial 5 business-day response period or the extended 30 calendar day response period, if the 权威 has invoked one.
C. 商业秘密. If a request involves records provided to the 权威 by a third party and the third party previously provided the 权威 with a written statement that the record contains a trade secret or confidential proprietary information, the 权威 shall provide notice to the third party. 看到 65 P.S. § 67.707(b).
D. 最终响应. The 权威 may grant a request, partially grant and partially deny a request, or deny a request in its entirety. The final response of the 权威 will be in writing. Should the 权威 fail to issue a response within the applicable response period, the request is deemed denied. 看到 65 P.S. § 67.901.
- Granting access to records. The 权威 may grant a request for records by issuing a response: (1) granting access to inspect 权威 records during the 权威’s regular business hours; (2) sending copies of the records to the requester; or (3) by notifying the requester that the records are available on the 权威 website or other publicly accessible electronic means. 看到 65 P.S. §§ 67.701(a), 704.
- Denying or partially denying access to records. Should the 权威 deny or partially deny a request for records through redaction or otherwise, the 权威 will inform the requester of the denial or 部分否定 in writing. The response will describe the requested records, inform the requester that the 权威 does not possess the responsive records or, if the records are exempt from public access, provide a citation to the relevant legal basis for withholding the requested records. 看到 65 P.S. § 67.903. 另外, the response will provide the name, 签名, title, business address and telephone number of the Open Records Officer who denied the request, as well as the date of the response and the procedure to appeal the denial. 看到 65 P.S. § 67.903.
E. 费用. The 权威 will charge fees consistent with the RTKL Fee Structure, 可以在 http://www.openrecords.pa.gov/RTKL/FeeStructure.cfm. The 权威 may, in its discretion, choose to waive some or all of the fees owed on a case-by-case basis.
A. 一般. To challenge the denial, 部分否定, or deemed denial of a request for 权威 records, an appeal may be filed using the OOR appeal form, 可以在 http://www.openrecords.pa.gov/Appeals/AppealForm.cfm, or by contacting:
Office of Open Records
Commonwealth of Pennsylvania
Harrisburg, PA 17101-2234
B. Requirements of an appeal. All appeals must be filed within 15 business days of the mailing date of the 权威’s denial, 部分否定, or deemed denial of the request. All appeals must be in writing; must state the grounds upon which the requester asserts that the requested records are public records; must address any grounds stated by the 权威 for denying the request; and must include a copy of the request and the 权威’s response, 如果有任何. 看到 65 P.S. § 67.1101(a)(1).
7. 权威 Notification of Third Parties on Appeal
权威 must notify third parties. If records affect a legal or security interest of an employee of the 权威; contain confidential, proprietary or trademarked records of a person or business entity; or are held by a contractor or vendor, the 权威 must notify such parties of the appeal immediately and provide proof of that notice to the OOR within 7 business days from the date of the OOR’s Official Notice of Appeal. Such notice must be made by (1) providing a copy of all documents included with the appeal to the OOR; and (2) advising that interested persons may request to participate in the appeal. 看到 65 P.S. § 67.1101(c).
The RTKL requires the OOR to establish an informal mediation process to resolve disputes under the RTKL. 65 P.S. § 67.1310(a)(6). This is a voluntary process to help parties reach a mutually agreeable settlement on records disputes before the OOR. 中介, a facilitated conversation between the parties that can serve as a fair and efficient tool to resolve conflict, can save time and expense. 在适当的时候, the 权威 is open to resolving RTKL disputes through the OOR’s mediation process.
IX. Record Retention
PEA generally follows City of Philadelphia records retention schedules as designated for the Managing Director’s Office except where technological processes must differ for reasons of access or feasibility. The City’s record retention policy and schedule is available for public review at http://www.phila.gov/records/RecordsManagement/Record_Retention_Schedules.html.
Notwithstanding any other existing record retention policy, once a RTKL request is received, the 权威 shall maintain, 保存, 保留, 保护, and not destroy any and all records, both electronic and hard copy, that are potentially responsive to the request until such time as the request is fulfilled and all associated appeals are resolved.
X. Additional Information about the RTKL
Additional information about the RTKL, the request process, and the appeal process is available on the OOR website at http://www.openrecords.pa.gov