accesspublicrecords

OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
1234 MARKET STREET, 17th FLOOR
PHILADELPHIA, PA 19107

Access to Public Records

The purpose of this policy is to assure compliance with the Pennsylvania Right-to-Know Law, 65 P.S. § 66.1 et seq., as amended, and the Community Development Block Grant Regulations, 24 C.F.R. § 570.508, to provide access to public records of the Office of Housing and Community Development (“OHCD”) while preserving appropriate confidential and privileged information.

Please note: This policy concerns the provision of records in the possession of OHCD. Requests for records of other City departments, offices and agencies must be addressed to those respective offices. OHCD is not responsible for responding to requests for records of other offices.

It is the policy of OHCD to require the presence of a designated employee when public records are examined and inspected and to charge reasonable fees for duplication of public records of OHCD. The Director of OHCD designates the following employee, or his/her successor, as responsible for assuring OHCD compliance with the Pennsylvania Right-to-Know Law and the CDBG Regulations governing access to public records:

OHCD Public Information Director

(hereafter referred to as “the designated employee”). In his/her absence, the responsible party shall be his/her designated alternate.

This policy shall be implemented with the following guidelines:

1. The Director of OHCD and the above-designated employee may designate certain employees to process public records requests.

2. All requests for public records of OHCD shall be submitted in writing to the designated employee at the following address:

Director, Public Information Department
Office of Housing and Community Development
1234 Market Street, 17th Floor
Philadelphia, PA 19107

with a copy also sent to the City of Philadelphia Law Department at the following address:

Donna J. Mouzayck, First Deputy City Solicitor
City of Philadelphia Law Department, 17th Floor
One Parkway Building
1515 Arch Street Philadelphia,
PA 19102

and shall provide the following information:

a. The requestor’s name
b. The requestor’s address
c. The requestor’s telephone number
d. A certification that the requestor is a Pennsylvania resident
e. The specific records requested. Important: The requestor must identify or describe the records with sufficient specificity and detail to enable OHCD to determine which records are being requested and whether and in what form the records exist.

3. All requests for public records of OHCD under this policy shall be specific in identifying and describing each public record requested. In no case shall OHCD be required to create a public record which does not exist, or to compile, maintain, format or organize a record in a manner in which OHCD does not currently maintain, format or organize the record.

4. OHCD shall facilitate a reasonable response to a request for OHCD public records. In no case is OHCD expected to provide extraordinary staff or staff time to respond to the request but will respond in a manner consistent with OHCD administrative responsibilities and the requirements of the Pennsylvania Right-to-Know Law.

5. The designated employee shall make a good faith effort to respond to the requestor within five (5) business days from the date of receipt of the written request by the designated employee at the address in Paragraph 2 above. The response within five business days need not be the provision of access to the requested records. The response may be one of the following:

a. The request is approved, and making arrangements to provide access promptly;
b. Final response cannot be provided within five days, for stated reasons; or
c. The request is denied.

6. If access to the public record(s) requested is approved, the public record(s) shall be available during the regular business hours of OHCD, generally 9 am to 5 pm, Monday through Friday, excluding City holidays. The presence of a designated employee is required when public records are examined and inspected.

7. The designated employee shall notify the requestor of any fees in advance of providing access or copies.

8. Fees for access and duplication of public records shall be as follows:

a. Photocopying: 25 cents ($0.25) per page.
b. Records search: $100 per record where search requires unusual staff time
c. Duplication of public electronic or tape records based on computer time as follows:

$250 for first hour of processing time
$75 per hour for each additional hour or partial hour of processing time
Plus, $15 charge for each tape created.

d. Certified copies: $1.00 per page.
e. Postage: Actual cost to OHCD for postage

9. All fees for access and duplication of OHCD records shall be made by check payable to “The City of Philadelphia.”

10. OHCD may in its discretion waive fees.

11. In the event the estimated cost of fulfilling a request submitted is expected to exceed $100, the requestor will be required to pay fifty percent (50%) of the expected cost in advance of OHCD fulfilling the request.

12. OHCD may delay providing access to the requested records in the below situations. Notice shall be provided to the requestor of the reason for the delay. Requests may require review for these reasons:

a. The record requested contains information that must be redacted;
b. The record requires retrieval from a remote location;
c. A timely response cannot be accomplished due to staffing limitations;
d. A legal review is necessary to determine whether the record requested is a public record;
e. The requestor has failed to comply with OHCD’s policy and procedure requirements; or
f. The requestor refuses to pay the applicable fees or has not paid advance fees requested.

13. This policy shall be posted conspicuously at OHCD public reception areas.

14. This policy shall take effect immediately.

Director, OHCD

April 30, 2004
Date