Gordon appoints Snyder as 'Open Records Officer'.

Byline: John E. Usalis

Jan. 10--GORDON -- The Borough of Gordon has a new "Open Records Officer" to comply with Pennsylvania's "New Right-To-Know Law." During Monday's meeting, Gordon Borough Council designated Paul L. Snyder, who serves as the borough's secretary/treasurer and borough manager, as its first open records officer. The resolution to appoint Snyder and establish the criteria the borough must follow to comply with the new law was passed unanimously. The law, passed by the state legislature and signed by Gov. Ed Rendell on Feb. 14, 2008, went into effect Jan. 1, provides "for access to public information, for a designated open records officer in each commonwealth agency, local agency, judicial agency and legislative agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties; providing for reporting by state-related institutions; requiring the posting of certain state contract information on the Internet; and making related repeals." In explaining the resolution, borough solicitor Mark Semanchick said, "Since he (Snyder) is the custodian of your municipal records, he would be the most appropriate to respond. The resolution identifies what the business hours, the costs, the process the open records officer will follow, the right of appeal should any request be denied, and all the sections that must be considered as part of the new act." "My question is who do I call to find out what I don't need to reply to," asked Snyder. "I think it's fair to say that you should assume generally that whatever is being requested should be made available," Semanchick replied. "There are exceptions, and they are very specific." "That's what I'm asking about," said Snyder. Semanchick will supply Snyder with a summary of the law that will include the specific exceptions. According to the www.openrecordspa.org Web site, the new law accomplishes three major things: --For the first time, establishes that all records kept by local and state government are presumed to be open to the public, with some exceptions. No longer is access restricted to just "accounts, vouchers or contracts" or "minutes, orders or decisions." --For the first time, puts the burden of proving why a record should not be released on government agencies. No longer do citizens who are denied records have to prove why they should have them. --For the first time, there is an independent agency charged with arbitrating open records disputes. No longer do citizens have to go to court when they feel their request has been unjustly denied. The state's new Office of Open Records, under the direction of executive director Terry Mutchler, will hear appeals and issue rulings when there are disputes. And, although the new law went into effect Jan. 1, records from any year were newly available as of that date. Gordon's resolution stipulates the following criteria:

--All documents deemed public records will be available for inspection, retrieval and duplication at the borough office during established business hours (8 a.m. to 1 p.m.), with the exception of weekends and holidays. --Requests should be made in writing to Snyder on a form provided by the borough. --Paper copies are 25 cents per page per side. The certification of a record is $1 per record. Specialized documents, including, but not limited to, blueprints, color copies and non-standard-sized documents, will be charged the actual cost of production. If mailing is requested, the cost of postage will be charged. The borough will require prepayments if the total fees are estimated to exceed $100.

--The borough will make a good-faith effort to provide the requested public record(s) as promptly as possible. The open records officer will cooperate with those requesting records to review and/or duplicate original borough documents while taking reasonable measure to protect borough documents from the possibility of theft, damage and/or modification.

--The open records officer will review all written requests for access to public records. As soon as possible, but no later than five business days after receiving a written request to access public records, the open records officer will respond to such requests in writing consistent with the act. --If access to a record is denied, the response will include a reason for the denial. --If the request is denied, the requester may file an appeal with Office of Open Records Executuve Director Terry Mulcher in Harrisburg. Appeals of criminal records should be made to Schuylkill County District Attorney James Goodman at the county courthouse in Pottsville. --Appeals must be filed within 15 business days of the mailing date of the borough's response or within 15 business days of a deemed denial, with the appeal stating the grounds why the record is a public record and should addresses any grounds stated by the borough for delaying or denying the request.

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Copyright (c) 2009, The News-Item, Shamokin, Pa.

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