POLICY REGARDING DISCLOSURE OF RECORDS
A. DISCLOSURE OF RECORDS TO MEMBERS OF THE BOARD OF DIRECTORS: Directors of PIAA stand in a fiduciary relation to the corporation and are required to perform their duties as directors in good faith, in a manner they reasonably believe to be in the best interest of the corporation, and with such care, including reasonable inquiry, skill, and diligence, as persons of ordinary prudence would use under similar certain circumstances. PIAA directors are entitled to see and use documents of PIAA that are necessary for them to carry out their duties as directors.
B. DISCLOSURE OF RECORDS TO DISTRICT COMMITTEES AND MEMBERS: The decision as to what documents, or categories of documents, should be made available to District Committees and PIAA members shall be determined by the Board of Directors, through specific decisions, the adoption of policies, or delegation of authority to officers and administrative staff. The Board of Directors should permit access by District Committees and PIAA members to those documents necessary for them to carry out their duties under the PIAA Constitution and By-Laws.
C. DISCLOSURE OF RECORDS PURSUANT TO REQUEST OF NON-PIAA ENTITIES AND PERSONS: In accordance with the following procedures, certain PIAA records may, upon request, be made available to persons not covered by the above stated policies.
1. Open-Records Officer. The Executive Director, or the Executive Director’s designee, shall be the Open-Records Officer of PIAA. The Open-Records Officer shall receive requests for records received by PIAA, shall direct requests to appropriate persons within PIAA, shall track PIAA's progress in responding to requests and shall issue interim and final responses to said requests.
2. Form of Request. Requests for records submitted to PIAA shall be addressed to the Open-Records Officer. PIAA personnel may fulfill oral and informal requests for documents but are not required to do so. A written request intended to be submitted pursuant to the Pennsylvania Right To Know Law ("RTKL") shall be directed to the PIAA Open-Records Officer and shall be on the standard Office of Open Records RTKL form as set forth on the PIAA website. A request submitted not on such form shall be deemed by PIAA to be an informal request not subject to the RTKL and the requester shall not have any rights of appeal to PIAA's response under the RTKL. The request should identify or describe the records sought with sufficient specificity to enable PIAA to ascertain which records are being requested and shall include the name and address to which PIAA should address its response. For requests submitted under the RTKL, the following procedures shall apply:
Receipt of Request. Upon receiving a request, the Open-Records Officer shall:
a. Note the date of receipt on the written request;
b. Note on the written request when five (5) business days from date of receipt will expire;
c. Maintain an electronic or paper copy of the written request, including all records submitted with the request; and
d. Create a file as to the request. Said file shall include at least the following: (1) the original request; (2) a copy of the response; and (3) a copy of other communications.
Timing of Response. Within five (5) business days of receipt of a request, the Open-Records Officer shall respond to said request. Said deadline shall be extended if the Open-Records Officer determines that one of the following applies:
a. The request requires redaction of a record;
b. The request requires retrieval of records stored in a remote location;
c. A timely response to the request cannot be accomplished due to bona fide and specified staffing limitations;
d. A legal review is necessary to determine whether the record is subject to access under this Policy;
e. The requester has not complied with the Policy;
f. The requester has refused to pay the applicable fees; and/or
g. The extent or nature of the request precludes a response within five (5) business days.
Should the Open-Records Officer determine that an extension is necessary, the Open-Records Officer shall, within five (5) business days of receipt of the request, so notify the requester. The notice shall state that the request is being reviewed and shall set forth the reason for the extension, a reasonable date upon which a response is expected to be provided, and an estimate of applicable fees owed when the records become available. Unless consented to by the requester, the extension shall not exceed thirty (30) days.
Form of Response.
a. Format of Production: The Open-Records Officer shall timely make available for inspection during normal business hours all non-privileged requested records. To the extent that copies of records are requested, said copies shall be provided in the medium requested if the records are kept in said medium. Otherwise, the records shall be produced in the medium in which they exist. No requester shall be entitled to have access to any computer maintained by PIAA or any of its personnel. In responding to a request for records, the Open-Records Officer shall not be required to create, compile, or organize records which do not already exist or are not so compiled or organized.
b. Records Available on Web Site: If the requested records are available on the PIAA Web site, the Open-Records Officer may respond to the request by so notifying the requester. If the requester nevertheless requests production of the records, PIAA shall do so and shall charge an appropriate fee for provision of such records.
c. Specific Categories of Records Available for Inspection/Copying: The following records shall be accessible for inspection and duplication by a requester in accordance with this Policy.
1. Records of athletic performances and athletic records of student athletes and member schools.
2. The PIAA Constitution, By-Laws, Policies and Procedures, and Rules and Regulations.
3. Agendas for and Minutes of PIAA Board of Directors and its Committees (with the exception of its Human Resources Committee) meetings.
4. Agendas for and Minutes of PIAA Advisory and Steering Committees meetings.
5. All contracts between PIAA and third parties.
6. Bids submitted by, and contracts entered into with, vendors.
7. Bids submitted by, and contracts entered into with, entities seeking to host PIAA Inter-District Championship Contests. Entities submitting proposals should be aware that requests to keep all or some of the contents thereof confidential cannot be accepted by PIAA.
8. School membership applications.
9. Contracts for cooperative sponsorship of a sport.
10. Annual financial statements.
11. Annual budget.
d. Specific Categories of Records not Subject to Inspection/Copying:
1. Personal Private Information of student athletes, sports officials, and PIAA personnel.
2. Athletic eligibility and school sanction decisions, except as permitted in PIAA's Policy Regarding Confidentiality of Information Relating to Student-Athletes, Member Schools, Sports Officials, and Other Adults.
3. Background check reports obtained from sports officials registered with PIAA since April 1, 2007.
4. Agendas for and Minutes of executive sessions of the Board of Directors and its Human Resources Committee.
5. Employee personnel files and records, other than the name, position, salary, actual compensation, and employment contracts of personnel.
6. Memoranda and reports of PIAA's counsel relating to litigation.
7. Medical information regarding any PIAA-related personnel.
8. Records containing the Social Security number; driver's license number; personal financial information; home, cellular, or personal telephone numbers; personal e-mail addresses; and other confidential personal identification information of any person.
9. Records containing a spouse's name, marital status, beneficiary, or dependent information of any person.
10. Drafts of amendments to the PIAA Constitution, By-Laws, Policies and Procedures, and Rules and Regulations not yet disseminated to members of the Board of Directors.
11. Records relating to investigations of student-athletes, sports officials, and schools; including complaints, investigative materials, correspondence, and reports.
e. Redaction: The Open-Records Officer shall redact from production those records, and portions of records, which are privileged or are exempt from production.
f. Notification of Third Parties: Where records produced have been provided to PIAA by third parties, and those records are the subject of the request, the Open-Records Officer may, if deemed appropriate, notify the third parties of the request and the requester.
Payment of Fees: The Open-Records Officer may charge a requester the costs incurred by PIAA for (1) actual postage; and (2) costs of duplication. Where said costs are projected to exceed $100, said payment shall be required in advance of production. No future production shall be made to any person or entity who has not paid for a prior production until such amount due and owed is paid. Additionally, where payment for prior productions was not made within thirty (30) days of production, the Open-Records Officer may make future productions contingent upon prepayment of estimated costs.
Denial of Request: If the Open-Records Officer denies a written request for access, said denial shall specify (1) a description of the record(s) requested; (2) the specific reasons for the denial; (3) the typed name, title, business address, business telephone number, and signature of the Open-Records Officer; (4) the date of the response; and (5) the procedure to appeal the denial of the request to the Office of Open Records.
D. RETENTION: Nothing in this policy is intended to modify, rescind, or supersede any record retention and disposition schedule established pursuant to PIAA policy.
E. CONFIDENTIAL INFORMATION: Nothing in this policy is intended to supersede PIAA's Policy Regarding Confidentiality of Student-Athlete and Member School Information.
F. POSTING OF INFORMATION. PIAA shall post, at its Headquarters and on its Web site, the following:
1. This Policy;
2. Contact information for the Open-Records Officer; and
3. A form which may be used to file a request with PIAA.
PIAA OPEN RECORDS OFFICER:
Dr. Robert A. Lombardi, PIAA Executive Director
550 Gettysburg Rd., Mechanicsburg, PA 17055
Tel. 717-697-0374 * Fax. 717-697-0374 * Email: firstname.lastname@example.org
Pennsylvania Office of Open Records Contact:
Commonwealth of Pennsylvania, Office of Open Records
Commonwealth Keystone Building
400 North St., Plaza Level
Harrisburg, PA 17120-0225
Phone: 717-346-9903 email: email@example.com