Granted: Copy of Mt. Carmel Twp. ordinance
Granted: A copy of a
construction permit fee ordinance from Mount
Carmel Township, which the township failed to
respond to.
The township responded to the initial request by invoking the 30-day extension to reply, and advised that a response would be provided by Dec. 9. The requester filed an appeal to the Office of Open Records on Dec. 14, when he had not yet received a response from the township.
The township did not provide grounds for withholding the records in response to correspondence from the OOR.
"There is no question that a final ordinance is a public record," the OOR wrote in its determination.
"The township presented no evidence that the record requested does not exist, and supplied no grounds for withholding it and therefore must disclose it, or alternatively provide an affidavit made under penalty of perjury by someone with personal knowledge that no such ordinance exists."
Mychak vs. Mt. Carmel Township AP 2009-1108
The township responded to the initial request by invoking the 30-day extension to reply, and advised that a response would be provided by Dec. 9. The requester filed an appeal to the Office of Open Records on Dec. 14, when he had not yet received a response from the township.
The township did not provide grounds for withholding the records in response to correspondence from the OOR.
"There is no question that a final ordinance is a public record," the OOR wrote in its determination.
"The township presented no evidence that the record requested does not exist, and supplied no grounds for withholding it and therefore must disclose it, or alternatively provide an affidavit made under penalty of perjury by someone with personal knowledge that no such ordinance exists."
Mychak vs. Mt. Carmel Township AP 2009-1108