知情权

日期2023年1月

取代: 2015年4月，2009年1月

目的

的 校董会 recognizes the importance of public 记录 as the 记录 of the College’s actions and the repository of information about the College. 公众 has the right 访问 and procure copies of public 记录, with certain exceptions, 遵守法律、董事会和行政政策.

定义

Confidential proprietary information - Commercial or financial information received 学院:

1. which is privileged or confidential; and
2. disclosure of which would cause substantial harm to the competitive position of the 提交信息的人.

Financial 记录 - any account, voucher or contract dealing with the receipt or disbursement of funds or acquisition, use or disposal of services, supplies, materials, equipment or property; or the salary or other payments or expenses paid to an officer or employee, including the individual’s name and title; and a financial audit report, excluding 审计的基础工作底稿.

Public 记录 - a 记录, including a financial 记录, that is not protected by a defined privilege or is not exempt from being disclosed under one of the exemptions in Pennsylvania’s 知情权 Law or under other federal or state law or regulation, 或司法法令或命令.

Record - information, regardless of physical form or characteristics, that documents a College transaction or activity and is created, received or retained pursuant to law or in connection with a College transaction, business or activity, including: a document; paper; letter; map; book; tape; photograph; film or sound 记录ing; information stored or maintained electronically; and a data-processed or image-processed document.

Response - granting of 查阅记录 or the College’s written notice to a requester granting, denying, or partially granting and partially denying access to a requested 记录.

Requester - a legal resident of the United States who, or an agency which, requests 查阅记录.

Trade secret - Information, including a formula, drawing, pattern, compilation, including a customer list, program, device, method, technique or process that:

1. Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
2. Is the subject of efforts that are reasonable under the circumstances to maintain 它的秘密. 的 term trade secret includes data processing software obtained by an 代理机构根据许可协议禁止披露.

为了确定五(5)个工作日的期限:

A 工作日 shall be any Monday, Tuesday, Wednesday, Thursday, or Friday, except those days when the offices of the College are closed for all or part of a day. 这些 closings may include an official College holiday; severe weather; a natural or other disaster; or a request of local, state, or federal law-enforcement agencies or officials.

Requests may be 提交ted during 正常营业时间, which are 8:30 a.m. to 5 p.m. 5点以后收到的请求.m. 以下日期会被视为已收到 工作日.

For purposes of determining the end of the five (5) business-day period, the day that 请求已收到(或视为已收到)不计算在内. 的第一天 the five (5) business-day period is the College’s next 工作日.

权威

的 Board shall make the College’s public 记录 available for access and duplication to a requester, in accordance with law, Board and administrative 政策.

责任委派

的 President shall designate a 知情权官 who shall serve as the College’s open 记录 officer as defined in Pennsylvania’s 知情权法案》,.  的知情权 主管人员应负责:

• Receive written requests 查阅记录 提交ted to the College.
• Develop and revise the form used to request 记录 as well as forms used in responding 查阅公共记录的要求.
• Review and respond to written requests in accordance with law, Board and administrative 政策.
• Direct requests to other appropriate individuals in the College or to the appropriate 其他机构的人员.
• Track the College’s progress in responding to requests including but not limited to noting the date of receipt on the written request, computing the day on which the five-day response expires and making a notation of that date on the written or electronic 请求副本.
• Issue interim and final responses to 提交ted requests, including computing the day on which extension of a thirty days to respond expires and making a notation of that 书面请求的日期. 如果查阅记录的书面要求被拒绝， the mailing date of the 知情权官’s response shall be noted on the written 否认..
• 维护所有记录请求及其处理的日志.
• Maintain a file for each request and all documents 提交ted with the request including but not limited to the original request, a copy of the response(s), a 记录 of written communications with the requester, and a copy of any other communications. 如果 written request is denied, maintain the written request for at least thirty (30) days or, if an appeal is filed, until a final determination is issued and the appeal period 从此过期.
• Ensure College staff are trained to perform assigned job functions relative to requests 查阅记录.
  

的指导方针

Requesters may access and procure copies of the public 记录 of the College during 正常营业时间.

A requester’s right of access does not include the right to remove a 记录 from the 控制或监督知情权官员.

的 知情权官 shall not limit the number of 记录 requested.

When responding to a request for access, the College is not required to create a 记录 that does not exist nor to compile, maintain, format or organize a 记录 in a manner 学院目前没有使用的.

Information shall be made available to individuals with disabilities in an appropriate 格式，应要求，并有足够的提前通知.

的 College shall post at the 知情权官’s office and on the College’s 网站上，有以下信息:

• 联络资料 知情权官;
• 联络资料 宾夕法尼亚州公开档案办公室;
• 的 可用于提交要求的表格; and
• Policy, guidelines and procedures governing requests for access to the College’s public 记录.

查阅要求

A written request for access to a public 记录 shall be 提交ted on the required 表格，并寄交知情权主任.

Written requests may be 提交ted to the 知情权官 in person, by mail, to a designated facsimile machine or to a designated e-mail address.

的 知情权官 may not accept verbal or telephonic requests.

的 知情权官 may not accept written, anonymous requests.

每份申请必须包括以下信息:

• Identification or description 关于请求ed 记录 in sufficient detail;
• Medium in which the 记录 is requested; and
• Name and address of the individual to receive the College’s response.

的 College shall not require an explanation of the reason for the request or the intended use 关于请求ed 记录, unless otherwise required by law.

费用

的 知情权官 shall establish and keep current a list of reasonable fees which shall be no more than the fee structure for permissible charges as established by the Office of Open Records associated with responding 查阅公共记录的要求.

每份影印的费用为每页25美分. “影印本”要么是单面的 copy or one side of a double-sided black-and-white copy of a standard 8.5“x 11”页. 

No fee may be imposed for review of a 记录 to determine whether the 记录 is subject 根据法律进行访问.

Prior to granting access, the 知情权官 shall require prepayment of estimated fees when the fees required to fulfill the request are expected to exceed $100.

的 知情权官 may waive duplication fees when the requester duplicates the 记录 or the College deems it is in the public interest to do so.

Enhanced Electronic Access: 如果 知情权官 determines that the College offers enhanced electronic access to 记录 in addition to making the 记录 accessible for inspection and duplication by a requester, the 知情权官 may establish user fees specifically for the provision of the enhanced electronic access, but only to the extent that the enhanced electronic access is in addition to making the 记录 accessible for inspection and duplication by a requester as required by this Act. 的 user fees for enhanced electronic access may be a flat rate, a subscription fee for a period of time, a per-transaction fee, a fee based on the cumulative time of system access or any other reasonable method and any combination thereof. 的知情权 Officer is authorized to seek approval from the Office of Open Records before fees 这样的访问是收费的.

对请求的回应

College employees are directed to immediately forward requests for access to public 记录给知情权官员.

Upon receipt of a written request for 查阅记录, the 知情权官 shall determine if the requested 记录 is a public 记录 and if the College has 占有、保管或控制该记录.

的 知情权官 shall respond as promptly as possible under the existing circumstances, and the initial response time shall not exceed five (5) 工作日s from the date the written request is received by the 知情权官.

的 initial response shall grant access to the requested 记录, deny access to the requested 记录, partially grant and partially deny access to the requested 记录, or notify the requester of the need for an extension of time to fully respond.

延长时间 

如果 知情权官 determines that an extension of time is required to respond to a request, in accordance with the factors stated in law, written notice shall be 在收到请求后的五(5)个工作日内发送. 通知应注明 that the request for access is being reviewed, the reason that the review requires an extension, a reasonable date when the response is expected, and , if applicable, an estimate of applicable fees owed when the 记录 becomes available. 这个 policy requires that “written notice” be provided, this shall include but is not limited to notice sent by the use of electronic mail or facsimile transmission.

Up to a thirty (30) day extension for at least one of the listed reasons does not 需要请求者的同意.

A requester may consent in writing to an extension that exceeds thirty (30) days.

准许申请

如果 知情权官 determines that the request will be granted, the response shall inform the requester that access is granted and either include information on the 正常营业时间 of the 知情权官, provide electronic access, or state where the requester may go to inspect the 记录 or information electronically 在一个公众可访问的网站. 答辩书应包括一份费用副本 schedule in effect or notice of a web link to the fee schedule, a statement that prepayment of fees is required in a specified amount if access to the 记录 will cost in excess 一百美元($100).00)，以及提供纪录的媒介.

A public 记录 shall be provided to the requester in the medium requested if it exists in that form; otherwise, it shall be provided in its existing medium. 然而, 学校不要求允许使用电脑.

的 知情权官 may respond to a 记录 request by notifying the requester that the 记录 is available through publicly accessible electronic means or that the College shall provide access to inspect the 记录 electronically. 如果请求者， within thirty (30) days following receipt of the College’s notice, 提交s a written request to have the 记录 converted to paper, the College shall provide access in printed form within five (5) days of receipt 关于请求 for conversion to paper.

如果 知情权官 determines that a public 记录 contains information both subject to and not subject 访问, the 知情权官 shall grant access to the information subject 访问 and deny access to the information not subject 访问. 的 知情权官 shall redact from the 记录 the information 这是不受访问限制的.

如果 知情权官 responds to a requester that a copy 关于请求ed 记录 is available for delivery at the office maintained by the 知情权官 and the requester does not retrieve the 记录 within sixty (60) days of the College’s response, the College shall dispose of the copy and retain any fees paid to date.

的 知情权官, after consultation with the College President may make an otherwise exempt 记录 accessible for inspection and copying if all of the following apply: (1) Disclosure of the 记录 is not prohibited under any (i) Federal or State law or regulation or (ii) Judicial order or decree; (2) the 记录 is not protected by a privilege; and (3) the College President determines that the public interest favoring access outweighs any individual, agency or public interest that may favor 访问限制.

通知第三方          

When the College produces a 记录 that is not a public 记录 in response to a request, the 知情权官 shall notify any third party that provided the 记录 to the College, any person that is the subject of the 记录, and the requester.

的 知情权官 shall notify a third party in writing of a 记录 request if the requested 记录 contains a trade secret or confidential proprietary information 在收到记录要求后的五个工作日内. 如果有记录的话 previously designated as containing a trade secret or confidential proprietary information, written notice of the need for a thirty day extension of time should be provided to 请求者. 的 written notice to the third party shall advise that the third party has five 工作日s from the date the third party receives notification from the 学院提供有关发布记录的意见.

如果有记录的话 previously designated as containing a trade secret or confidential proprietary information, access to that portion of the 记录 shall ordinarily be denied unless the third party consents in writing to the release of the previously designated trade secret or confidential proprietary information. 发布信息 previously designated as containing a trade secret or confidential proprietary information 须经学院律师审阅后作出.

拒绝请求

如果 知情权官 denies a request for 查阅记录, whether in whole or in part, a written response shall be sent within five (5) 工作日s of receipt 关于请求. 拒绝请求的答复应当包括下列内容:

1. 所要求记录的说明.
2. Specific reasons for 否认, including a citation of supporting legal authority.
3. Name, title, business address, business telephone number, and signature of the 知情权 有权发出拒绝令的官员.
4. 答复日期.
5. 请求者对拒绝访问提出上诉的程序.

的 知情权官 may deny a request for 查阅记录 if the requester has made repeated requests for that same 记录 and the repeated requests have placed 对代理机构的不合理负担.

的 知情权官 may deny a request for 查阅记录 when timely access is not possible due to a disaster, or when access may cause physical damage or irreparable 对记录的损害. To the extent possible, a 记录’s contents shall be made accessible 即使记录在物理上不可用.

If a written request for 查阅记录 is denied or deemed denied, the requester may file an appeal with the state’s Office of Open Records within fifteen (15) business days of the mailing or transmittal date of the Open Records Officer’s response or 被否认.