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WCTA’s Public Record Request Contact(s)
Larry Morris, WCTA Open Record Officer
724-832-2705
Westmoreland County Transit Authority
41 Bell Way
Greensburg, PA 15601
Pennsylvania Office of Open Records
Terry Mutchler, Executive Director
717-346-9903
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
http://openrecords.state.pa.us.
Procedure for Requesting Records from the WCTA
1. All requests for documents must be a written request
submitted on a form as established by the Authority.
Click here for the
WCTA Records Request Form.
Verbal requests will not be considered official requests for
purposes of the timeframes established by the Right to Know
Law. For purposes of defining a "written request" the
Authority shall accept requests by facsimile, U.S. Mail or
in person pursuant to the regulations outlined herein.
2. All requests must be submitted to the Open Records
Officer. In no event shall a request be considered
officially submitted until received by the Open Records
Officer.
3.
Upon receipt of a written request for a public record, the
Open Records Officer shall make a diligent attempt to
determine whether such a request involves a public record
and whether the Authority is in possession of the subject
record.
4.The
Authority shall not be required to create a record which
does not currently exist or compile, maintain format or
organize a record in a manner not maintained as of the date
of the request.
5.
Authority shall follow the Open Records Law procedures for
redaction when appropriate.
Extension of Time
WCTA will respond to all requests within five business
days. In instances of a voluminous request requiring a
thirty day extension as provided under Section 902(a)(7) of
the Act, or any other circumstances noted in Section 902
relating to an extension of time, WCTA will advise the
requester within five (5) days of the need for additional
time. Additional time may be necessary when any of the
following factors apply:
A. Determination. Upon receipt of a written request for
access, the Open Records Officer for WCTA will determine if
one of the following applies:
1.) the request for access requires redaction of a record in
accordance with section 706;
2.) the request for access requires the retrieval of a
record stored in a remote location;
3.) a timely response to the request for access cannot be
accomplished due to bona fide and specific staffing
limitations;
4.)a
legal review is necessary to determine whether the record is
a record subject to access under this act;
5.) the requester has not complied with the agency's
policies regarding access to records;
6.) the extent or nature of the request precludes a response
within the required time period.
When
an extension of time is necessary under the factors set
forth above, the WCTA Open Records Officer shall provide
the following information:
1.)
The notice shall include a statement notifying the requester
that the request for access is being reviewed, the reason
for the review, a reasonable date that a response is owed
when the record becomes available. If the date that a
response is expected to be provided is in excess of 30 days,
following the five business days allowed for in section 901,
the request for access shall be deemed denied unless the
requester has agreed in writing to an extension to the date
specified in the notice
2.)
If the requester agrees to the extension, the request shall
be deemed denied on the day following the date specified in
the notice if the agency has not provided a response
by that date.
Fees for Record Requests
A.
The Authority shall adopt the fees as established by the
Pennsylvania Office of Open Records and shall revise said
fee schedule as the Pennsylvania Office of Open Records
provides updates or additional information.
B.
In the event that a fee for the processing a request shall
exceed or is reasonably believed to exceed $100.00, the
Authority shall require a pre-payment of $100.00 in order to
process said request.
Denial of Access
In the event that the WCTA denies a request for
information, in whole or in part, the denial shall be in
writing and set forth the following information:
A. a description of the request;
B. the specific reasons for denial and the support
therefore;
C.
the typed or printed name, title business address, business
telephone number and signature of the open-records officer
who has issued such denial; and
D. the date of the response;
E. the procedure to appeal said denial under the Open
Records Act.
Filing of an appeal
If a written request for access to a record is denied or
deemed denied, the requester may file an appeal with the
Office of Open Records within 15 business days of the
mailing date of the agency’s response or within 15 business
days of a deemed denial.
The appeal shall state the grounds upon which the requester
asserts that the record is a public record, legislative
record or financial record and shall address any grounds
stated by the WCTA for delaying or denying the request.
Contact the Office of Opend Records to file an appeal:
717-346-9903
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
http://openrecords.state.pa.us. |