As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE PROCEEDING — A proceeding by an agency, the outcome of which is required to be based on a record or documentation prescribed by law or in which a statute or regulation is particularized in application to individuals. The term includes an appeal.
AGENCY — A commonwealth agency, a local agency, a judicial agency or a legislative agency.
AGGREGATED DATA — A tabulation of data which relate to broad classes, groups or categories so that it is not possible to distinguish the properties of individuals within those classes, groups or categories.
APPEALS OFFICER — As follows:
A. For a commonwealth agency or a local agency, the appeals officer designated under § 503(a). [65 P.S. § 67.503(a)]
B. For a judicial agency, the individual designated under § 503(b). [65 P.S. § 67.503(b)]
C. For a legislative agency, the individual designated under § 503(c). [65 P.S. § 67.503(c)]
D. For the Attorney General, State Treasurer, Auditor General and local agencies in possession of criminal investigative records, the individual designated under § 503(d). [65 P.S. § 67.503(d)]
CERTIFICATION — Legal verification of a public record performed at the behest of the requester, does not include notarization. [Added 5-23-2011 by Ord. No. 25-2011]
CONFIDENTIAL PROPRIETARY INFORMATION — Commercial or financial information received by an agency:
A. Which is privileged or confidential.
B. The disclosure of which would cause substantial harm to the competitive position of the person that submitted the information.
FINANCIAL RECORD — Any of the following:
A. Any account, voucher or contract dealing with:
(1) The receipt or disbursement of funds by an agency.
(2) An agency's acquisition, use or disposal of services, supplies, materials, equipment or property.
B. The salary or other payments or expenses paid to an officer or employee of an agency, including the name and title of the officer or employee.
C. A financial audit report. The term does not include work papers underlying an audit.
HOMELAND SECURITY — Governmental actions designed to prevent, detect, respond to and recover from acts of terrorism, major disasters and other emergencies, whether natural or man- made. The term includes activities relating to the following:
A. Emergency preparedness and response, including preparedness and response activities by volunteer medical, police, emergency management, hazardous materials and fire personnel.
B. Intelligence activities.
C. Critical infrastructure protection.
D. Border security.
E. Ground, aviation and maritime transportation security.
F. Biodefense.
G. Detection of nuclear and radiological materials.
H. Research on next-generation securities technologies.
INDEPENDENT AGENCY — Any board, commission or other agency or officer of the commonwealth that is not subject to the policy supervision and control of the Governor. The term does not include a legislative or judicial agency.
LEGISLATIVE RECORD — Any of the following relating to a legislative agency or a standing committee, subcommittee or conference committee of a legislative agency:
A. A financial record.
B. A bill or resolution that has been introduced and amendments offered thereto in committee or in legislative session, including resolutions to adopt or amend the ruler.
C. Fiscal notes.
D. The minutes of, record of attendance of members at a public hearing or a public committee meeting and all recorded votes taken in a public committee meeting.
E. The transcript of a public hearing when available.
F. Any administrative staff manuals or written policies.
G. An audit report.
H. Committee reports.
LOCAL AGENCY — Any of the following:
A. Any political subdivision, intermediate unit, charter school, cyber charter school or public trade or vocational school.
B. Any local, intergovernmental, regional or municipal agency, authority, council, board, commission or similar governmental entity.
OFFICE OF OPEN RECORDS — The Office of Open Records established in the Pennsylvania Right-to-Know Law.
PAGE — See "photocopy." [Added 5-23-2011 by Ord. No. 25-2011]
PERSONAL FINANCIAL INFORMATION — An individual's personal credit, charge or debit card information; bank account information; bank, credit or financial statements; account or PIN numbers and other information relating to an individual's personal finances.
PHOTOCOPY — Either a single-sided copy or one side of a double-sided black-and-white copy of a standard eight-and-one-half-inch-by-eleven-inch page. [Added 5-23-2011 by Ord. No. 25-2011]
PRIVILEGE — The attorney-work product doctrine, the attorney-client privilege, the doctor- patient privilege, the speech and debate privilege or other privilege recognized by a court interpreting the laws of this commonwealth.
PUBLIC RECORD — A record, including a financial record, of a commonwealth or local agency that:
A. Is not exempt under § 708. [65 P.S. § 67.708]
B. Is not exempt from being disclosed under any other federal or state law or regulation or judicial order or decree.
C. Is not protected by a privilege.
RECORD — Information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document.
REQUESTER — A person that is a legal resident of the United States and requests a record pursuant to this chapter. The term includes an agency.
RESPONSE — Access to a record or an agency's written notice to a requester granting, denying or partially granting and partially denying access to a record.
SPECIALIZED DOCUMENTS — Nonstandard sized documents, including but not limited to blue prints or color copies. [Added 5-23-2011 by Ord. No. 25-2011]
TERRORIST ACT — A violent or life-threatening act that violates the criminal laws of the
United States or any state and appears to be intended to:
A. Intimidate or coerce a civilian population.
B. Influence the policy of a government.
C. Affect the conduct of a government by mass destruction, assassination or kidnapping.
TRADE SECRET —
A. 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.
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
B. The term includes data processing software obtained by an agency under a licensing agreement prohibiting disclosure.