Disclosure of Public Records Policy

Public Disclosure Request Form [51k .pdf]

Introduction
The State of New Jersey has enacted PL 2001c. 404, an Open Public Records Act, as of January 8, 2002. The Delaware Valley Regional Planning Commission (DVRPC) is subject to the provisions of this statute. This statute requires DVRPC to adopt a policy for the release of "Public Records" as defined in the act and to prominently post such policy. While it has been determined that DVRPC is not subject to the analogous statute in Pennsylvania (Right-to-Know Law (PL 390) as amended with Act No. 2002-100 enacted June 29, 2002), DVRPC serves both Pennsylvania and New Jersey, and will treat all requests for disclosure of public records uniformly. However, nothing in the DVRPC Disclosure of Public Records Policy is intended to subject DVRPC to any statute or regulation which otherwise would not apply. DVRPC periodically reviews, and updates, as necessary, its Public Records Policy to ensure that it adheres to all applicable state laws.

For the purpose of this DVRPC Disclosure of Public Records Policy: A public record is defined as any record, including, but not limited to, financial documents, meeting minutes, contracts, studies, etc. created and maintained by DVRPC except: (a) Personnel records that would impair or impugn a person's reputation or personal security; (b) those records prohibited from release by other statutes of the Commonwealth of Pennsylvania, the State of New Jersey, or by federal law; (c) those data, or data fields, that are an inextricable part of a larger record or database and cannot be reasonably extracted; and (d) those publications, maps and data - both hard copy and electronic - that may be purchased from DVRPC. Records available to the public are limited to those in DVRPC's posession according to its Records Retention Plan. A requester is defined as an individual resident of the State of New Jersey, the Commonwealth of Pennsylvania, or such other legal entity as may be entitled by law, or applicable court determination, to ask for public records from DVRPC.

Procedure
To request a public record from the Delaware Valley Regional Planning Commission, the requester must complete the attached Public Records Request Form and mail or fax it to:

Custodian of Public Records
Delaware Valley Regional Planning Commission
190 North Independence Mall West, 8th Floor
Philadelphia, PA 19106-1520

Fax 215.592.9125

Copies of the request form are available on the DVRPC website, in DVRPC's Public Participation Plan or from the Custodian of Public Records.

If the request is to be provided in a medium other than hard copy, the requester must specify such medium, including, in the case of electronic transmittal, the appropriate format. DVRPC will endeavor to comply with non-hard copy requests.

Upon receipt of a request, the Custodian of Public Records will review the request for: (a) completeness (b) the Commission's obligation to fill the request in accordance with the definition of a public record cited above and (c) the ability to fulfill the request in the medium selected.

The Custodian of Public Records will then recommend to the Executive Director that the request be fulfilled or denied.

If the request is to be fulfilled, the Custodian of Public Records will notify the requester, in writing, by mail, by facsimile, or by e-mail that the request is being fulfilled, and of any applicable fees as defined below, within seven (7) business days of the receipt of the request. Such notification will also indicate an estimate of when the requested information will be available, except that the fulfillment date shall be no later than thirty (30) business days following the date of the notification.

If the Executive Director deems it appropriate to deny the request, the Custodian of Public Records will notify the requester, in writing, by mail, by facsimile, or by e-mail, that the request is being denied, along with the reason for denial, and the name, business address, business telephone number and signature of the person making the denial, within seven (7) business days of the receipt of the request. Such notification of denial will also indicate the appeals procedure, as defined below, available to the requester.

Appeals Procedure
Whenever a request for a DVRPC public record is denied, the requester may appeal that decision to the Board of the Delaware Valley Regional Planning Commission. To do so the requester must:

Address the appeal, in writing, by mail, or by facsimile, to the:
Chairman of the Board
Delaware Valley Regional Planning Commission
190 North Independence Mall West, 8th Floor
Philadelphia, PA 19106-1520

Fax 215.592.9125

The appeal must include all information, including copies of the original request and all DVRPC responses, as well as any other information deemed appropriate for DVRPC Board review.

Upon receipt of an appeal to a denial issued under this policy, the appeal will be placed on the next available Board meeting agenda for review and action.

If the Board finds that the Executive Director correctly denied the request, a written explanation of the Board's affirmation of the denial will be provided to the requester.

Fees
For reproduction of existing hard copy information, the Delaware Valley Regional Planning Commission will charge a reproduction fee of $0.10 per page for the first fifty (50) pages and $0.05 per page for each page thereafter. Whenever fulfillment of the request will require the use of DVRPC personnel to complete, the requester will be provided an estimate of such cost in conjunction with notification that the request will be fulfilled. If the cost estimate of fulfilling the request is less than $100.00, the fee is due at the time the request is completed. Should the cost estimate of fulfilling the request exceed $100.00, the fee must be paid before fulfillment is begun and the thirty (30) business day time limit will begin upon receipt of the fee. If the requester refuses to pay the applicable fee, the request will be deemed denied and subject to the applicable appeal procedures outlined above.

Note: The Delaware Valley Regional Planning Commission will waive all fees that total ten dollars ($10.00) or less.