Right-to-Know Law

Public Information Policy

Requests for Public Records

Response to Written Request

Appealing the Denial of a Written Request

Inspection and Duplication of Public Records

Requests at Public Meetings

Requests from the Media

Requests from Litigants

Tours

Use of Cameras and Recording Devices

Access to Public Records Notice

Definitions

Policies and Procedures

Response to Written Request

Appealing the Denial of a Written Request

LCSWMA Open Records Officer

Inspection and Duplication of Public Records

Fees

Office of Open Records Information

Right-to-Know Request Form

Schedule A Section 708 Exceptions

Schedule B Chapter 11 Appeal of Agency Determination Section 1101. Filing of appeal. and Section 1102. Appeals officers.

Requests Received

Lancaster County Solid Waste Management Authority Public Information Policy

Pursuant to the Pennsylvania Right-to-Know Law, the Lancaster County Solid Waste Management Authority (LCSWMA) has adopted the following policies governing citizen access to LCSWMA public records:

General:

LCSWMA shall respond in a timely and lawful manner to all requests from the media and the public for information relating to the activities of LCSWMA.

The Communications Manager is designated as LCSWMA's contact person for information and is the Open Records Officer. It is the responsibility of the Communications Manager/Open Records Officer to respond to all media and community inquiries.

With the exception of the Executive Director, LCSWMA's staff will refrain from acting as spokespersons for LCSWMA unless deemed appropriate by the Executive Director. The Executive Director may assume the role of official spokesperson at any time.

Requests for Public Records:

LCSWMA shall make all public records of LCSWMA available for inspection and duplication by legal residents of the United States in compliance with the following procedures:

1. Definitions.

(a) A record is information, regardless of physical form or a characteristic, that documents a transaction or activity of LCSWMA and that is created, received or retained pursuant to law or in connection with a transaction, business or  activity of LCSWMA. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document.

(b) A financial record is any of the following:

(1) Any account, voucher or contract dealing with:

(i) the receipt or disbursement of funds by LCSWMA; or

(ii) LCSWMA'S acquisition, use or disposal of services, supplies, materials, equipment or property.

(2) The salary or other payments or expenses paid to an officer or employee of LCSWMA, including the name and title of the officer or employee.

(3) A financial audit report. The term does not include work papers underlying an audit.

(c) A public record is a record, including a financial record, of LCSWMA that:

(1) is not exempt under Section 708 of the Right-to-Know Law as described in the attached “Access to Public Records Notice;”

(2) is not exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or

(3) is not protected by a privilege.

2. Written Request. All requests for inspection or reproduction of public records in the possession of LCSWMA shall be made in writing and submitted in person, by mail, by facsimile, or any other electronic means to the attention of LCSWMA's Open Records Officer:

Jennifer Rose , Communications Manager/Open Records Officer

Lancaster County Solid Waste Management Authority

1299 Harrisburg Pike

P.O. Box 4425

Lancaster, PA 17604

jrose@lcswma.org

Tel: (717) 397-9968 / Fax: (717) 397-9973

The written request shall describe the public record with sufficient specificity to enable LCSWMA's staff to locate the record with a reasonable amount of effort and shall indicate whether an inspection or reproduction is desired. The request shall also identify the form in which the records are being requested and the name and address of the person to whom a response should be addressed. A LCSWMA Request for Information form or the form provided by the Office of Open Records is available for written requests and one or both shall be included. LCSWMA shall not accept verbal or anonymous requests, but all written requests will be forwarded to the Open Records Officer. LCSWMA will not release records which are excepted from release under Section 708 of the Right-to-Know Law unless the Executive Director, in consultation with the Open Records Officer, decides to release them in accordance with Section 506 of the Right-to-Know Law. LCSWMA will deny access to a requester if the requester has made repeated requests for that same record and the repeated requests have place an unreasonable burden on LCSWMA, or if the requests are otherwise disruptive (as defined by Section 506 of the Right-to-Know Law), or if timely access is not possible due to fire, flood or other disaster, or if the documents are historical, ancient or rare documents, records, archives and manuscripts when access may, in the professional judgment of the custodian of records, cause physical damage or irreparable harm to the record, or for any other reason allowed under Section 506 of the Right-to-Know Law.

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Response to Written Request:

The Open Records Officer or a designee shall respond to the request within five (5) days, according to the following guidelines:

(a) Upon receiving a request for a public record, the Open Records Officer shall note the date of receipt on the letter, compute and note on the request the day when the response is due, and maintain a written and/or electronic copy of the request until it is filled and/or the denial/appeals process is final.

(b) Unless the Open Records Officer determines that the record is not a public record, access shall be provided as required by law.

(c) If the Open Records Officer or a designee does not send a response to the request within five (5) business days, the request shall be deemed denied.

(d) If the Open Records Officer or a designee determines that more than five (5) days is required to evaluate and respond to the request (in accordance with Section 902 of the Right-to-Know Law), then a request shall be sent to the requestor, indicating that the request is being reviewed, the reason for the review and a date when a response will be provided; any response time exceeding thirty (30) days from the date of LCSWMA's response shall seek approval of the extension by the requester.

(e) If the Open Records Officer or a designee determines that the request should be denied, then a response shall be sent describing the record requested and explaining the specific reasons for the denial including the specific legal authority relied upon, the name, title, address, telephone number and signature of the Open Records Officer, the date of the denial and the procedure for appealing the denial.

(f) Any document produced which is not a public record or which involves trade secrets will be produced and any third party that provided the record to LCSWMA, the person that is the subject of the records, and requester, notified in accordance with Section 707 of the Right-to-Know Law as described in the attached “Access to Public Records Notice.”

(g) Any and all records which contain information subject to access and information not subject to access shall only be released with the information subject to access and/or shall be redacted in accordance with law.

Appealing the Denial of a Written Request:

If a request for inspection and duplication of LCSWMA public records is denied or deemed denied, the requestor may file a written exception within fifteen (15) business days. The requestor may appeal to the Office of Open Records in accordance with Section 1101 of the Right-to-Know Law by filing an appeal with the designated appeals officer within fifteen (15) business days of the mailing date or within fifteen (15) business days of the deemed denial. A copy of Sections 1101-1102 as included in the attached “Access to Public Records Notice” shall be provided by LCSWMA with each written denial.

Inspection and Duplication of Public Records:

If a request for inspection and duplication of LCSWMA public records is granted pursuant to this policy, the Open Records Officer or a designee will inform the requestor of a time during LCSWMA's normal business hours for the inspection of the public records (LCSWMA's normal business hours are 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays).

If duplicates of the public records are requested, the duplicates shall be provided upon payment of the following fees, if applicable:

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No fees shall be assessed for staff time and resources required to evaluate written requests for access to LCSWMA public records or for redaction. Consistent with the Right-to-Know Law, the Open Records Officer or a designee shall maintain the above list of applicable fees for costs associated with the duplication of LCSWMA public records, consistent with prevailing rates set by the Office of Open Records.

No LCSWMA public record shall be removed from the supervision or control of LCSWMA's custodian of public records.

LCSWMA shall post this policy, along with the name and address of the person to whom requests for access to public records should be addressed (the Open Records Officer) and a list of applicable fees, the forms to be used and contact information for the Office of Open Records and LCSWMA's designated Appeals Officer, in a conspicuous location at LCSWMA's administrative office and online. Costs must be paid at the time of receipt of reproduced public records.

The Open Records Officer or a designee shall develop any other procedures necessary to implement this policy.

Written documents and/or complex and extensive data sets, which are public records (such as the Lancaster County Municipal Waste Management Plan), or other lengthy documents such as studies or operational reports shall be made available to the public by means of the following:

• The public will be told where to obtain the information if it is available at a municipal office, regulatory office, or the library system.

• The public will be invited to review LCSWMA's copy of the document at the LCSWMA office during LCSWMA's normal business hours.

• The public will be invited to purchase the document if there is an established cost for a bound copy (i.e. $25.00 is the cost of a Lancaster County Municipal Waste Management Plan).

• The public will be invited to pay the cost of reproducing a document in accordance with the above fees if they do not wish to obtain the document via channels which are cost-free.

LCSWMA shall make its newsletters, pamphlets, brochures, resource guides, annual reports, fact sheets, and other general educational materials available to the public at no charge. LCSWMA will provide these same documents in alternate format when requested, so as to make these documents accessible to people with special needs.

Any records provided pursuant to the Right-to-Know Law which are not picked up within sixty (60) days of LCSWMA's making them available and notifying the requester shall be discarded and any fees paid to that point retained.

Requests at Public Meetings:

The forum for addressing LCSWMA's Board of Directors shall be during the public comment period of LCSWMA's regular monthly meeting. The regular monthly meeting is normally held at 7:30 a.m. on the third Friday of each month (or at such other times as may be established by LCSWMA) at LCSWMA's Office located at 1299 Harrisburg Pike, Lancaster, PA 17603.

LCSWMA will, in a timely manner, publicize the time, date, and location of all public hearings or meetings required for any reason under the laws of the State.

Requests for information, which occur during a LCSWMA public meeting (or in any other public format), will be handled in the following manner:

• A LSCWMA Request for Information form or form from the Office of Open Records will be given to the individual requesting the information. The individual will be asked to complete the form including his or her name, address and phone number and a list of the information requested. The Open Records Officer will then respond in writing in accordance with this policy, or will inform the individual as to the appropriate resource for obtaining the information.

Requests from the Media:

All inquiries from the media, regardless of the topic, shall first be directed to the Communications Manager/Open Records Officer. In the event the Communications Manager/Open Records Officer is unavailable or unable to respond to the media within a reasonable time frame, LCSWMA's Executive Director or his designate shall respond to inquiries.

All written materials provided to the media shall be reviewed by the Communications Manager/Open Records Officer, the Executive Director and/or the appropriate staff; any response under the Right-to-Know Law shall comply with the mandates of the Right-to-Know Law.

Requests from Litigants:

Requests for information, tours, materials, or other resources from individuals in litigation with LCSWMA shall be referred through the established legal channels unless counsel to LCSWMA deems otherwise, or LCSWMA finds it in its best interests to provide the information directly.

Tours:

Tours of LCSWMA facilities are available to the public and businesses at designated times throughout the year. Tours must be scheduled by appointment. A minimum two-week lead time is required. All safety regulations must be followed by participants and will be enforced by the tour leader. Tours and special events offered to the public will be made accessible to people with special needs. People with special needs are asked to contact LCSWMA prior to the tour to request specific accommodations.

Use of Cameras and Recording Devices:

Photographing, tape recording, or videotaping LCSWMA's facilities, properties, employees, or other circumstances will be considered only upon request. Operational procedures, safety regulations, personnel policies, or equipment designated as proprietary in design may preclude LCSWMA's ability to grant photographic or videotape access at a particular facility or to a particular area.

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Access to Public Records Notice

Pursuant to the Pennsylvania Right-to-Know Law, LCSWMA has adopted the following policies governing citizen access to LCSWMA public records:

Definitions:

(a) A record is information, regardless of physical form or characteristic, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of LCSWMA. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document.

(b) A financial record is any of the following:

(1) Any account, voucher or contract dealing with:

(i) the receipt or disbursement of funds by LCSWMA; or

(ii) LCSWMA acquisition, use or disposal of services, supplies, materials, equipment or property.

(2) The salary or other payments or expenses paid to an officer or employee of LCSWMA, including the name and title of the officer or employee.

(3) A financial audit report. The term does not include work papers underlying an audit.

(c) A public record is a record, including a financial record, of LCSWMA that:

(1) is not exempt under section 708 of the Right-to-Know Law attached as Schedule A;

(2) is not exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or

(3) is not protected by a privilege.

Policies and Procedures:

A. LCSWMA shall maintain the confidentiality of any record which is excepted from disclosure under Section 708 of the Right-to-Know Law attached as Schedule A.

B. No LCSWMA public record shall be removed from the supervision or control of LCSWMA's custodian of public records.

C. LCSWMA shall make all public records of LCSWMA available for inspection and duplication by legal residents of the United States in compliance with the following procedures:

Written Request: All requests for inspection or reproduction of public records in the possession of LCSWMA shall be made in writing and submitted in person, by mail, by facsimile, or any other electronic means to LCSWMA's attention:

Jennifer Rose, Communications Manager/Open Records Officer

Lancaster County Solid Waste Management Authority

1299 Harrisburg Pike

P.O. Box 4425

Lancaster, PA 17604

Tel: (717) 397-9968 / Fax: (717) 397-9973 / E-Mail jrose@lcswma.org

The request must identify the records sought and the form in which the records are being requested. The request must also include the name and address of the person to whom a response should be addressed. A LCSWMA Request for Information form is available for written requests; the form provided by the Office of Open Records may also be used. Verbal or anonymous requests will not be filled, but all written requests will be forwarded to the Open Records Officer.

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Response to Written Request:

The Open Records Officer or a designee shall respond to the request within five (5) days, according to the following guidelines:

(a) Upon receiving a request for a public record, the Open Records Officer shall note the date of receipt on the letter, compute and note on the request the day when the response is due, and maintain a written and/or electronic copy of the request until it is filled and/or the denial/appeals process is final.

(b) Unless the Open Records Officer determines that the record is not a public record, access shall be provided as required by law.

(c) If the Open Records Officer or a designee does not send a response to the request within five (5) business days, the request shall be deemed denied;

(d) If the Open Records Officer or a designee determines that more than five (5) days is required to evaluate and respond to the request (in accordance with Section 902 of the Right-to-Know Law), then a request shall be sent to the requestor, indicating that the request is being reviewed, the reason for the review and a date when a response will be provided; any response time exceeding thirty (30) days from the date of LCSWMA's response shall seek the approval of the extension by the requester.

(e) If the Open Records Officer or a designee determines that the request should be denied, then a response shall be sent describing the record requested and explaining the specific reasons for the denial including the specific legal authority relied upon, the name, title, address, telephone number and signature of the Open Records Officer, the date of the denial and the procedure for appealing the denial.

(f) Any document produced which is not a public record or which involves trade secrets will be produced and any third party that provided the record to LCSWMA, the person that is the subject of the record, and the requester, notified in accordance with Section 707 of the Right-to-Know Law.

(g) Any and all records which contain information subject to access and information not subject to access shall only be released with the information subject to access and/or shall be redacted in accordance with law.

Appealing the Denial of a Written Request:

If a request for inspection and duplication of LCSWMA public records is denied or deemed denied, the requestor may file a written exception within fifteen (15) business days. The requestor may appeal to the Office of Open Records in accordance with Section 1101 of the Right-to-Know Law by filing an appeal with the designated appeals officer within fifteen (15) business days of the mailing date or within fifteen (15) business days of the deemed denial. A copy of Sections 1101-1102 as attached as Schedule B shall be provided by LCSWMA with each written denial.

Inspection and Duplication of Public Records:

If a request for inspection and duplication of LCSWMA public records is granted pursuant to this policy, the Open Records Officer or a designee will inform the requestor of a time during LCSWMA's normal business hours for the inspection of the public records (LCSWMA's normal business hours are 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays). If duplicates of the public records are requested, the duplicates shall be provided upon payment of the following fees, if applicable:

No fees shall be assessed for staff time and resources required to evaluate written requests for access to LCSWMA public records or for redaction. Consistent with the Right-to-Know Law, the Open Records Officer or a designee shall maintain the above list of applicable fees for costs associated with the duplication of LCSWMA public records, consistent with prevailing rates set by the Office of Open Records.

Office of Open Records Information

The Office of Open Records may be reached at the following:

Commonwealth of Pennsylvania

Office of Open Records

Commonwealth Keystone Building

400 North Street, Plaza Level

Harrisburg, PA 17120-0225

(717) 346-9903 / E-Mail: openrecords@state.pa.us

http://openrecords.state.pa.us

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Schedule A

Section 708 Exceptions

(b) Exceptions.--Except as provided in subsections (c) and (d), the following are exempt from access by a requester under this act:

(1) A record the disclosure of which:

(i) would result in the loss of Federal or State funds by an agency or the Commonwealth; or

(ii)would be reasonably likely to result in a substantial and demonstrable risk of physical harm to OR THE PERSONAL SECURITY OF an individual.

(2) A record maintained by an agency in connection with the military, homeland security, national defense, law enforcement or other public safety activity that if disclosed would be reasonably likely to jeopardize or threaten public safety or preparedness or public protection activity or a record that is designated classified by an appropriate Federal or State military authority.

(3) A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include:

(i) documents or data relating to computer hardware, source files, software and system networks that could jeopardize computer security by exposing a vulnerability in preventing, protecting against, mitigating or responding to a terrorist act;

(ii) lists of infrastructure, resources and significant special events, including those defined by the Federal Government in the National Infrastructure Protections, which are deemed critical due to their nature and which result from risk analysis; threat assessments; consequences assessments; antiterrorism protective measures and plans; counterterrorism measures and plans; and security and response needs assessments; and

(iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems.

(4) A record regarding computer hardware, software and networks, including administrative or technical records which, if disclosed, would be reasonably likely to jeopardize computer security.

(5) A record of an individual's medical, psychiatric or psychological history or disability status, including an evaluation, consultation, prescription, diagnosis or treatment; results of tests, including drug tests; enrollment in a health care program or program designed for participation by persons with disabilities, including vocation rehabilitation, workers' compensation and unemployment compensation; or related information that would disclose individually identifiable health information.

(6)    (i) The following personal identification information:

(A) A record containing all or part of a person's Social Security number; driver's license number; personal financial information; home, cellular or personal telephone numbers; personal e-mail addresses; employee number or other confidential personal identification number.

(B) A spouse's name; marital status, beneficiary or dependent information.

(C) The home address of a law enforcement officer or judge.

(ii) Nothing in this paragraph shall preclude the release of the name, position, salary, actual compensation or other payments or expenses, employment, contract, employment-related contract or agreement and length of service of a public official or an agency employee.

(iii) An agency may redact the name or other identifying information relating to an individual performing an undercover or covert law enforcement activity from a record.

(7) The following records relating to an agency employee:

(i) A letter of reference or recommendation pertaining to the character or qualifications of an identifiable individual, unless it was prepared in relation to the appointment of an individual to fill a vacancy in an elected office or an appointed office requiring Senate confirmation.

(ii) A performance rating or review.

(iii) The result of a civil service or similar test administered by a Commonwealth agency, legislative agency or judicial agency. The result of a civil service or similar test administered by a local agency shall not be disclosed if restricted by a collective bargaining agreement. Only test scores of individuals who obtained a passing score on a test administered by a local agency may be disclosed.

(iv) The employment application of an individual who is not hired by the agency.

(v) Workplace support services program information.

(vi) Written criticisms of an employee.

(vii) Grievance material, including documents related to discrimination or sexual harassment.

(viii) Information regarding discipline, demotion or discharge contained in a personnel file. This subparagraph shall not apply to the final action of an agency that results in demotion or discharge.

(ix) An academic transcript.

(8)     (i) A record pertaining to strategy or negotiation relating to labor relations or collective bargaining and related arbitration proceedings. This subparagraph shall not apply to a final or executed contract or agreement between the parties in a collective bargaining procedure.

(ii) In the case of the arbitration of a dispute or grievance under a collective bargaining agreement, an exhibit entered into evidence at an arbitration proceeding, a transcript of the arbitration or the opinion. This subparagraph shall not apply to the final award or order of the arbitrator in a dispute or grievance procedure.

(9) The draft of a bill, resolution, regulation, statement of policy, management directive, ordinance or amendment thereto prepared by or for an agency.

(10)   (i) A record that reflects:

(A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency, including predecisional deliberations relating to a budget recommendation, legislative proposal, legislative amendment, contemplated or proposed policy or course of action or any research, memos or other documents used in the predecisional deliberations.

(B) The strategy to be used to develop or achieve the successful adoption of a budget, legislative proposal or regulation.

(ii) Subparagraph (i)(A) shall apply to agencies subject to 65 Pa.C.S. Ch. 7 (relating to open meetings in a manner consistent with 65 Pa.C.S. Ch. 7. A record WHICH IS NOT OTHERWISE EXEMPT FROM ACCESS UNDER THIS ACT AND WHICH IS presented to a quorum for deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be a public record.

(iii) This paragraph shall not apply to a written or Internet application or other document that has been submitted to request Commonwealth funds.

(iv) This paragraph shall not apply to the results of public opinion surveys, polls, focus groups, marketing research or similar effort designed to measure public opinion.

(11) A record that constitutes or reveals a trade secret or confidential proprietary information.

(12) Notes and working papers prepared by or for a public official or agency employee used solely for that official's or employee's own personal use, including telephone message slips, routing slips and other materials that do not have an official purpose.

(13) Records that would disclose the identity of an individual who lawfully makes a donation to an agency unless the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public official or employee of the agency, including lists of potential donors compiled by an agency to pursue donations, donor profile information or personal identifying information relating to a donor.

(14) Unpublished lecture notes, unpublished manuscripts, unpublished articles, creative works in progress, research-related material and scholarly correspondence of a community college or an institution of the State System of Higher Education or a faculty member, staff employee, guest speaker or student thereof.

(15)   (I) ACADEMIC TRANSCRIPTS

(II)   EXAMINATIONS, EXAMINATION QUESTIONS, SCORING KEYS OR ANSWERS TO EXAMINATIONS. THIS SUBPARAGRAPH SHALL INCLUDE LICENSING AND OTHER EXAMINATIONS RELATING TO THE QUALIFICATIONS OF AN INDIVIDUAL AND TO EXAMINATIONS GIVEN IN PRIMARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION.

(16) A record of an agency relating to or resulting in a criminal investigation, including:

(i) Complaints of potential criminal conduct other than a private criminal complaint.

(ii) Investigative materials, notes, correspondence, videos and reports.

(iii) A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.

(iv) A record that includes information made confidential by law or

(v) Victim information, including any information that would jeopardize the safety of the victim.

(vi) A record that, if disclosed, would do any of the following:

(A) Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges.

(B) Deprive a person of the right to a fair trial or an impartial adjudication.

(C) Impair the ability to locate a defendant or codefendant.

(D) Hinder an agency's ability to secure an arrest, prosecution or conviction.

(E) Endanger the life or physical safety of an individual. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa.C.S. § 9102 (relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port authority police department or other law enforcement agency or in a traffic report except as provided under 75 Pa.C.S. § 3754(b) (relating to accident prevention investigations).

(17) A record of an agency relating to a noncriminal investigation, including:

(i) Complaints submitted to an agency.

(ii) Investigative materials, notes, correspondence and reports.

(iii) A record that includes the identity of a confidential source, including individuals subject to the act of December 12, 1986 ( P.L.1559 , No.169), known as the Whistleblower Law.

(iv) A record that includes information made confidential by law.

(v) Work papers underlying an audit.

(vi) A record that, if disclosed, would do any of the following:

(A) Reveal the institution, progress or result of an agency investigation, except the imposition of a fine or civil penalty, the suspension, modification or revocation of a license, permit, registration, certification or similar authorization issued by an agency or an executed settlement agreement unless the agreement is determined to be confidential by a court.

(B) Deprive a person of the right to an impartial adjudication.

(C) Constitute an unwarranted invasion of privacy.

(D) Hinder an agency's ability to secure an administrative or civil sanction.

(E) Endanger the life or physical safety of an individual.

(18)   (i) Records or parts of records, except time response logs, pertaining to audio recordings, telephone or radio transmissions received by emergency dispatch personnel, including 911 recordings.

(ii) This paragraph shall not apply to a 911 recording, or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.

(19) DNA and RNA records.

(20) An autopsy record of a coroner or medical examiner and any audiotape of a postmortem examination or autopsy, or a copy, reproduction or facsimile of an autopsy report, a photograph, negative or print, including a photograph or videotape of the body or any portion of the body of a deceased person at the scene of death or in the course of a postmortem examination or autopsy taken or made by or caused to be taken or made by the coroner or medical examiner. This exception shall not limit the reporting of the name of the deceased individual and the cause and manner of death.

(21)   (i) Draft minutes of any meeting of an agency until the next regularly scheduled meeting of the agency.

(ii) Minutes of an executive session and any record of discussions held in executive session.

(22)   (i) The contents of real estate appraisals, engineering or feasibility estimates, environmental reviews, audits or evaluations made for or by an agency relative to the following:

(A) The leasing, acquiring or disposing of real property or an interest in real property.

(B) The purchase of public supplies or equipment included in the real estate transaction.

(C) Construction projects.

(ii) This paragraph shall not apply once the decision is made to proceed with the lease, acquisition or disposal of real property or an interest in real property or the purchase of public supply or construction project of an identifiable individual or groups of individuals.

(24) Library archived and museum materials, or valuable or rare book collections or documents contributed by gift, grant, bequest or devise, to the extent of any limitations imposed by the donor as a condition of the contribution.

(25) A record identifying the location of an archeological site or an endangered or threatened plant or animal species if not already known to the general public.

(26) A proposal pertaining to agency procurement or disposal of supplies, services or construction prior to the award of the contract or prior to the opening and rejection of all bids; financial information of a bidder or offeror requested in an invitation for bid or request for proposals to demonstrate the bidder's or offeror's economic capability; or the identity of members, notes and other records of agency proposal evaluation committees established under 62 Pa.C.S. § 513 (relating to competitive sealed proposals).

(27) A record or information relating to a communication between an agency and its insurance carrier, administrative service organization or risk management office. This paragraph shall not apply to a contract with an insurance carrier, administrative service organization or risk management office or to financial records relating to the provision of insurance.

(28) A record or information:

(i) identifying an individual who applies for or receives social services; or

(ii) relating to the following:

(A) the type of social services received by an individual;

(B) an individual's application to receive social services, including a record or information related to an agency decision to grant, deny, reduce or restrict benefits, including a quasi-judicial decision of the agency and the identity of a caregiver or others who provide services to the individual; or

(C) eligibility to receive social services, including the individual's income, assets, physical or mental health, age, disability, family circumstances or record of abuse.

(29) Correspondence between a person and a member of the General Assembly and records accompanying the correspondence which would identify a person that requests assistance or constituent services. This paragraph shall not apply to correspondence between a member of the General Assembly and a principal or lobbyist under 65 Pa.C.S. Ch. 13A (relating to lobbyist disclosure).

(30 A RECORD IDENTIFYING THE NAME, HOME ADDRESS OR DATE OF BIRTH OF A CHILD 17 YEARS OF AGE OR YOUNGER.

(c) Financial records.--The exceptions set forth in subsection (b) shall not apply to financial records, except for financial records THAT AN AGENCY MAY REDACT THAT PORTION OF A FINANCIAL RECORD protected under subsection (b)(1), (2), (3), (4) or (5) or personal financial information. An agency shall redact that portion of a financial record which would disclose information protected under subsection (b)(6). An agency shall (4), (5), (6), (16) OR (17). AN AGENCY SHALL not disclose the identity of an individual performing an undercover or covert law enforcement activity. or other nonfinancial information protected under subsection (b)(16) or (17).

(d) Aggregated data.--The exceptions set forth in subsection (b) shall not apply to aggregated data maintained or received by an agency, except for data protected under subsection (b)(1), (2), (3), (4) or (5).

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Schedule B

CHAPTER 11

APPEAL OF AGENCY DETERMINATION

Section 1101. Filing of appeal.

(a) Authorization.—

(1) 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 or judicial, legislative or other appeals officer designated under section 503(d) 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 agency for delaying or denying the request.

(2) Except as provided in section 503(d), in the case of an appeal of a decision by a Commonwealth agency or local agency, the Office of Open Records shall assign an appeals officer to review the denial.

(b) Determination.—

(1) Unless the requester agrees otherwise, the appeals officer shall make a final determination which shall be mailed to the requester and the agency within 30 days of receipt of the appeal filed under subsection (a).

(2) If the appeals officer fails to issue a final determination within 30 days, the appeal is deemed denied.

(3) Prior to issuing a final determination, a hearing may be conducted. The determination by the appeals officer shall be a final order. The appeals officer shall provide a written explanation of the reason for the decision to the requester and the agency.

(c) Direct interest.—

(1) A person other than the agency or requester with a direct interest in the record subject to an appeal under this section may, within 15 days following receipt of actual knowledge of the appeal but no later than the date the appeals officer issues an order, file a written request to provide information or to appear before the appeals officer or to file information in support of the requester's or agency's position.

(2) The appeals officer may grant a request under paragraph (1) if

(i) no hearing has been held;

(ii) the appeals officer has not yet issued its order; and

(iii) the appeals officer believes the information will be probative.

(3) Copies of the written request shall be sent to the agency and the requester.

Section 1102. Appeals officers.

(a) Duties.--An appeals officer designated under section 503 shall do all of the following:

(1) Set a schedule for the requester and the open-records officer to submit documents in support of their positions.

(2) Review all information filed relating to the request. The appeals officer may hold a hearing. A decision to hold or not to hold a hearing is not appealable. The appeals officer may admit into evidence testimony, evidence and documents that the appeals officer believes to be reasonably probative and relevant to an issue in dispute. The appeals officer may limit the nature and extent of evidence found to be cumulative.

(3) Consult with agency counsel as appropriate.

(4) Issue a final determination on behalf of the Office of Open Records or other agency.

(b) Procedures.--The Office of Open Records, a judicial agency, a legislative agency, the Attorney General, Auditor General, State Treasurer or district attorney may adopt procedures relating to appeals under this chapter.

(1) If an appeal is resolved without a hearing, 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure) does not apply except to the extent that the agency has adopted these chapters in its regulations or rules under this subsection.

(2) If a hearing is held, 1 Pa. Code Pt. II shall apply unless the agency has adopted regulations, policies or procedures to the contrary under this subsection.

(3) In the absence of a regulation, policy or procedure governing appeals under this chapter, the appeals officer shall rule on procedural matters on the basis of justice, fairness and the expeditious resolution of the dispute.

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Requests Received

Request Tracking Log