BARTA
Right to Know Policy
The Pennsylvania Right to Know
Law (RTKL) provides citizens of the Commonwealth the right to request, inspect
and obtain copies of public records. Below is information for citizens to request
copies of records maintained by the Berks Area Regional Transportation
Authority pursuant to the Pennsylvania Right-to-Know Law, 65 P.S. § 66.1 et
seq., and Commonwealth of Pennsylvania, and Governor’s Office Management
Directive 205.36, which is incorporated by reference.
1. Requests for Documents
All requests under the Right
to Know Law should be addressed to the Authority’s Open Records Officer as
indicated below, and delivered to:
Laura
A. Hopko
Open Records Officer
Berks Area Regional Transportation
Authority
Fax: 610-921-9420
Requests must be made by
request form and received during normal business hours from
2. Form of
RTKL Request (click here to
download form)
All RTKL
requests must be submitted in writing and must:
v State the name of the requester
v Set forth the address to which BARTA should
address its response
v Identify or describe the records sought with
sufficient specificity to enable the agency to ascertain which records are
being requested
3. Fees and
Charges
The following fees shall be
applicable to all RTKL requests:
Photocopies
from paper documents:
1 single-sided copy or one side
of a double-sided copy 8.5” x 11” page: $0.25
Charges for other services and
material will be determined on a case-by-case basis based upon the applicable
cost to BARTA:
v
PC Diskettes,
CD’s
v Photocopies of page sizes larger than 8.5” x 11”
v
Color Copies
v Any other fees allowed in accordance with the Office
of Open Records
The
fee for certification of a record is $1.00.
Redaction
Fee:
BARTA will charge $0.25 per
page for the copies it must make of the redacted material in order for the
requester to view the public record that contains non-public information.
Postage:
Actual
cost of postage
Prepayment:
BARTA may require prepayment if
the anticipated cost to fulfill the request exceeds $100. Unless prepayment is
made by certified check or money order, access will be denied until the check
clears. The request for prepayment will specify a reasonable period of time in
which the check must be received. If BARTA does not receive the check within
the specified time, it may deny the RTKL request on that basis.
The check or money order
shall be made payable to Berks Area Regional Transportation Authority.
BARTA requires full payment of all fees prior to
releasing any documents.
4. Guidelines
The
following are not permitted and will not be honored
v
oral requests
v
email requests
v
anonymous
requests
BARTA does not retain, or is
unable to provide copies of, certain records, including the following:
v records that do not meet the general definition of a
"public record," i.e., none of the records is "an account,
voucher, or contract dealing with the receipt or disbursement of funds by the
agency or its acquisition, use or disposal of services or of supplies,
materials, equipment or other property," nor is it "a minute, order,
or other decision by the agency fixing the personal or property rights,
privileges, immunities, duties or obligations of any person or group of
persons." 65 P. S. § 66.1.
v records subject to an exception to the general
definition of "public record," namely the investigative exception set
forth at 65 P. S. § 66.1.
v records subject to an exception to the general
definition of "public record," namely the exception pertaining to
restrictions imposed by law, including statute law, order or decree of court. 65
P. S. § 66.1.
v records subject to an exception to the general
definition of "public record," namely the exception pertaining to the
prejudice or impairment of a person's reputation. 65 P. S. § 66.1.
v the identified records are subject to an exception to
the general definition of "public record," namely the exception
pertaining to personal security. 65 P. S. § 66.1.
v records subject to an exception to the general definition
of "public record," namely the exception pertaining to the possible
loss of federal funds. 65 P. S. § 66.1.
v records subject to a constitutionally protected right
of privacy as found in the Pennsylvania Constitution at Article I, Sections
1, 2, 3, 4, 7, 8, 9, 11, 20, 23, 25, and 26, and the Authority has
determined that the protected privacy interest outweighs your interest in
obtaining access to the documents.
5. Contact Information for Appeals
If a written request is denied
or deemed denied, the requested may file an appeal in writing to the Office of
Open Records, Commonwealth Keystone Building 400 North Street, Plaza Level
Harrisburg, PA 17120-0225
Revised