PUBLIC RECORDS REQUEST & PROCEDURES

MMVTA’s Public Record Request Contact(s)

Donna Weckoski, MMVTA Open Record Officer
724-489-0880
MMVTA
1300 McKean Ave.
Charleroi, PA 15022

Pennsylvania Office of Open Records

Terry Mutchler, Executive Director
717-346-990
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
http://openrecords.state.pa.us.

Procedure for Requesting Records from the MMVTA

  1. All requests for documents must be a written request submitted on a form as established by the Authority.
    Click here for the MMVTA Records Request Form.

    (Note: To view the MMVTA Records Request Form you’ll need Adobe Acrobat
    reader. To download a free copy of Adobe Acrobat reader click here)

  2. Verbal requests will not be considered official requests for purposes of the timeframes established by the Right to Know Law. For purposes of defining a “written request” the Authority shall accept requests by facsimile, U.S. Mail or in person pursuant to the regulations outlined herein.

  3. All requests must be submitted to the Open Records Officer. In no event shall a request be considered officially submitted until received by the Open Records Officer.
  4. Upon receipt of a written request for a public record, the Open Records Officer shall make a diligent attempt to determine whether such a request involves a public record and whether the Authority is in possession of the subject record.
  5. The Authority shall not be required to create a record which does not currently exist or compile, maintain format or organize a record in a manner not maintained as of the date of the request.
  6. Authority shall follow the Open Records Law procedures for redaction when appropriate.

Extension of Time

MMVTA will respond to all requests within five business days. In instances of a voluminous request requiring a thirty day extension as provided under Section 902(a)(7) of the Act, or any other circumstances noted in Section 902 relating to an extension of time, MMVTA will advise the requester within five (5) days of the need for additional time. Additional time may be necessary when any of the following factors apply:

A. Determination. Upon receipt of a written request for access, the Open Records Officer for MMVTA will determine if one of the following applies:

1.) the request for access requires redaction of a record in accordance
with section 706;

2.) the request for access requires the retrieval of a record stored
in a remote location;

3.) a timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations;

4.)a legal review is necessary to determine whether the record is a record subject to access under this act;

5.) the requester has not complied with the agency’s policies regarding
access to records;

6.) the extent or nature of the request precludes a response within the
required time period.

When an extension of time is necessary under the factors set forth above, the MMVTA Open Records Officer shall provide the following information:

1.) The notice shall include a statement notifying the requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in section 901, the request for access shall be deemed denied unless the requester has agreed in writing to an extension to the date specified in the notice

2.) If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice if the agency has not provided a response by that date.

Fees for Record Requests

A. The Authority shall adopt the fees as established by the Pennsylvania Office of Open Records and shall revise said fee schedule as the Pennsylvania Office of Open Records provides updates or additional information.

B.  In the event that a fee for the processing a request shall exceed or is reasonably believed to exceed $100.00, the Authority shall require a pre-payment of $100.00 in order to process said request.

Denial of Access

In the event that the MMVTA denies a request for information, in whole or in part, the denial shall be in writing and set forth the following information:

A. a description of the request;

B. the specific reasons for denial and the support therefore;

C. the typed or printed name, title business address, business telephone number and signature of the open-records officer who has issued such denial; and

D. the date of the response;

E. the procedure to appeal said denial under the Open Records Act.

Filing of an appeal

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 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 MMVTA for delaying or denying the request.

Contact the Office of Open Records to file an appeal:
717-346-9903
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
http://openrecords.state.pa.us.