Right to Know Policy

 

LEHIGH AND NORTHAMPTON TRANSPORTATION AUTHORITY
Right to Know Law Policy


Effective January 1, 2009

Public Records of Lehigh and Northampton Transportation Authority (“LANTA/Agency”) are generally
available to residents of the Commonwealth pursuant to the Right-to-Know Law, 65 P.S. Section 67.101 et
seq. ("RTKL"). The following outlines basic procedures for making a request for public records.

Requests for public records may only be submitted by legal residents of the United States. The request
should be addressed to LANTA’s Open Records Officer Armando V. Greco and state that the request is
being made pursuant to the RTKL:

U.S. Mail, Hand or Next Day Delivery:

Email Request:
Armando V. Greco, Executive Director agreco@lantabus.com

Hand Delivery / Mailing Address:
Lehigh and Northampton Transportation Authority
1060 Lehigh Street
Allentown, PA 18103

Contact via telephone:
(610) 435-4052
Hours: 9:00 a.m. to 5:00 p.m.

Please use the Agency’s Right to Know Request Form when requesting records.

This form is available online by clicking here

If appropriate, LANTA will provide a public record in the format in which it currently exists. Pursuant to
the RTKL, LANTA is under no obligation to reformat any record into a different medium or create a form
of record that does not exist.

Responses:

The Agency must provide a response to the RTKL request within five business days unless one or more
specific conditions are satisfied and LANTA’s Office of Open Records Officer gives the requester written
notice (“interim response”) that additional time will be required. For purposes of determining the end of
the five business day period, the day that a RTKL request is received is not counted. The first day of the five
business day period is the Agency's next business day.

The Agency may send an interim response if any of the following apply:

1. The RTKL request requires redaction of a public record;
2. The RTKL request requires retrieval of a record from a remote location;
3. A response within the five business day period cannot be accomplished due to bona fide
staffing limitations, which limitations must be specified in the interim response;
4. A legal review is necessary to determine whether the record requested is subject to access
under the RTKL;
5.
The requester has not complied with the Agency's policies regarding access to public records;
6. The requester has not complied with a demand for prepayment of fees, which are required to
fulfill the RTKL request and which are estimated to exceed $100; further, if prepayment of
fees is required by the Agency, the time period for response shall be tolled from the time the
demand for payment is made until such time as payment is actually received;
7. The extent or nature of the request precludes a response within the required time period.

An interim response must:

1) be sent to the requester on or before the last day of the five business day period;

2) state that the request is being reviewed and the reason for the review; and

3) state a reasonable date that a response is expected to be provided.

This date must not be more than 30 calendar days from the end of the five business day period.

If the date of an expected response is in excess of 30 days following the five days allowed for in Section 901,
the request will be denied unless the requester has agreed in writing to the date specified in the notice.

Final Responses:

There are three possible final responses. Either the request is:

1) granted;    2) denied; or,    3) granted in part and denied in part.

The failure to make a timely response is deemed to be a denial.

If a written request is denied in whole or in part, the Agency will issue a final written response that will
include an explanation of the procedure for the requester to appeal, if the requester chooses to do so. The
written denial will also set forth the specific reasons for the denial.

Redaction:

The Agency will not deny access to a record based upon the fact that portions of the record are not public
records and, as a result, not subject to disclosure. The Agency will redact the portions that are not public
records and produce the portions that are public records.

Appeals:

Verbal requests may be fulfilled by the Agency; however, in order to pursue the relief and remedies
provided under the RTKL, the request for public records must be in writing. The Agency may deny a
request in whole or in part pursuant to RTKL, Pennsylvania law and/or Federal law. Additionally, a request
  may be deemed denied in whole or in part. In the event the Agency denies a request or a request isdeemed
denied, an appeal may be filed in writing within fifteen business days of the mailing date of the Agency's
response. The appeal must state the grounds upon which the requester asserts that the record is public, and
should address any grounds stated by the Agency for delaying or denying the request.

The appeal shall be sent to:

The Commonwealth Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
Phone: 717.346.9903

Email: openrecords@state.pa.us

A person other than the Agency or the requester, with an interest in the record that is subject to an appeal,
may have fifteen (15)days following actual knowledge of the appeal, but no later than the date the Appeals
Officer issues an order to intervene in the appeals process.

For additional information regarding the RTKL appeals process, please review the Web site of the Office of
Open Records at http://openrecords.state.pa.us

Duplication of Public Records:

The Agency may either make copies itself or, in its discretion, allow the requester to bring the necessary
equipment to make its own copies. The Agency may make its duplication equipment available to a
requester but require that the requester operate the equipment; assign Agency staff to make the
duplications; or contract for duplication services and require the requester to pay the applicable rate.

Fee Schedule:

Standard fees are outlines below. The Agency may levy additional fees as necessary to cover costs it incurs
in filling specific information requests.
Photocopies: one “photocopy” is either a single-sided copy or one side of a double-sided copy.
One side of a standard page $0.25 (black and white copies)
One side of any nonstandard page The Agency will assess reasonable fees for custom or
nonstandard copies

Postage

Material fitting into standard size letter envelope Actual charge


Other Actual charge

No charge shall be made for Agency review or legal review to determine whether the requested records are
public records that are subject to production. If the estimated fees that are required to fulfill the RTKL
request exceed $100.00, it may be necessary for the requester to pay the estimated amount in advance,
either by certified check or by ordinary check, which must first have cleared to be considered received by
the Agency. The demand for prepayment may specify a reasonable period of time in which the requester
must make such prepayment. If the requester fails to make prepayment within the specified time, PHFA is
not required to produce the requested record(s).

All applicable fees must be paid in order to receive the requested record(s).




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