[Amended 6-15-2010 by Ord. No. 27-2010; 5-29-2012 by Ord. No. 58-2012]
A. A request may be denied if:
(1) The requester has made repeated requests for the same record and the repeated requests have placed an unreasonable burden on the agency. A denial for this purpose shall not restrict the ability to request a different record.
(2) Timely access is not possible due to fire, flood, or other disaster.
(3) Historical, ancient, or rare documents, records, archives and manuscripts, when accessed, may, in the professional judgment of the curator or custodian of records, cause physical damage or irreparable harm to the record.
(4) The record or information requested is exempt from disclosure under any of the exceptions listed in § 708(b) of the Right-to-Know Law, 65 P.S. § 67.708(b).
(5) The information requested is protected by 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.
(6) The requested records or information is exempt from disclosure under any other federal or state law or regulation or judicial order or decree.
(7) The request is not specific enough for the City to determine what record(s) is sought.
(8) A request may be denied if the request requires the City to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which the City does not currently compile, maintain, format or organize the record.
B. If the request is denied or deemed denied, an appeal shall be filed within 15 business days of the mailing date of the City's response or within 15 business days of a deemed denial with the Pennsylvania Office of Open Records in accordance with the Pennsylvania Right- to-Know Law, Act 3 of 2008, effective January 1, 2009, Chapter 11, 65 P.S. § 67.1101.
(1) Exception: Appeals of denials or deemed denials of requests for law enforcement records which per the Right-to-Know Act an appeal shall be filed the Berks County District Attorney's Office in accordance with said Act, Chapter 11, 65 P.S. § 67.1101 and Chapter 5, 65 P.S. § 67.503.
C. This policy shall be posted conspicuously at the Law Department, Room 2-54 in City Hall in addition to the contact information for the State Office of Open Records.