Civic Address Dataset

Nick Ingalls filed this request with the Open Records of Westmoreland County, PA.

It is a clone of this request.

Est. Completion None
Status
Awaiting Appeal

Communications

From: Nick Ingalls

To Whom It May Concern:

Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:

A Shapefile or CSV containing at minimum the Address Points (house # and street name) and their corresponding Latitude/Longitude. If additional data such as the Unit Number, City, Zipcode, Parcel Id exists they should be included as well.

If this cannot be accessed, the parcel file including situs address would suffice.

Other names for this include: E911 Address Database, Civic Address File, Parcel Dataset, Land Ownership Dataset, Tax Parcels, Address Points.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Nick Ingalls

From: Open Records

[cid:d09f77f9-6fe8-4342-a1cf-b49c2d8da153]
OPEN RECORDS OFFICER
LUCY YAKULIS, DIRECTOR OF RECORDS MANAGEMENT
WESTMORELAND COUNTY
RECORDS MANAGEMENT DEPARTMENT
2 NORTH MAIN STREET
GREENSBURG, PA 15601
FAX 724-830-3684
PHONE 724-830-3467
EMAIL: RECORDS@CO.WESTMORELAND.PA.US

November 22, 2017

Nick Ingalls

Dear Mr. Ingalls;

Thank you for writing to Westmoreland County with your request for information pursuant to the Pennsylvania Right- To-Know Law.

On Wednesday, November 22, 2017, you requested a copy of our GIS shapefile.

Your request can be granted. Those records do not fall under the Right to Know Law.
There are considered an enhanced electronic data set. And we have permission to charge for the information. The GIS shape file is priced at $.01 per parcel and there are approximately 190,000 parcels. You would purchase that directly from our GIS Department. Joe Frydrych, Jr. would be your contact and he would be able to answer all your questions and supply you with the exact costs.
http://www.co.westmoreland.pa.us/index.aspx?nid=141 Ph: (724) 830-3419.

You have a right to appeal this answer for information in writing to The Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120.

If you choose to file an appeal you must do so within 15 business days of the mailing date of the agency's response. Section 1101. If you have further questions, please call Lucy Yakulis, Right-To-Know Officer.

Respectfully,
Lucy Yakulis
Director of Records Management, Right to Know Officer
Westmoreland County

Call 2-1-1 for Social Services. Help Starts Here.

From: Nick Ingalls

Hello Lucy,

Thank you for your prompt response. After consulting with our open data counsel they firmly believe this data falls under the Right to Know Act for the following reasons:

Pennsylvania’s New Right to Know Law Act 3 of 2008 Ch 7 Sec 708 Exemptions for Public Records does not contain an exemption for for "Enhanced Electronic Data".

The act does not make reference to "Enhanced Electronic Data Set(s)" but assuming you are referring to Pennsylvania’s New Right to Know Law Act 3 of 2008 Ch 13 Sec 1307 Fee Limitations e) Enhanced Electronic Access states

> The agency may establish user fees specifically for the provision of the enhanced electronic access, but only to the extant that the enhanced electronic access is in addition to making the records accessible for the inspection and duplication by a requester as required by this act.

Per the above the county may charge an access fee for enhanced access such as a web portal or web API but the raw underlying data is still subject to all the provisions of the act.

As such could you please provide reference to the sections in the act that would make this request exempt for us to be able to facilitate an appeal.

Cheers,
Nick

From: Open Records

[cid:d09f77f9-6fe8-4342-a1cf-b49c2d8da153]
OPEN RECORDS OFFICER
LUCY YAKULIS, DIRECTOR OF RECORDS MANAGEMENT
WESTMORELAND COUNTY
RECORDS MANAGEMENT DEPARTMENT
2 NORTH MAIN STREET
GREENSBURG, PA 15601
FAX 724-830-3684
PHONE 724-830-3467
EMAIL: RECORDS@CO.WESTMORELAND.PA.US

November 29, 2017

Nick Ingalls

Dear Mr. Ingalls;

Thank you for writing to Westmoreland County with your request for information pursuant to the Pennsylvania Right- To-Know Law.

On Wednesday, November 22, 2017, you requested a copy of our GIS shapefile.

At that time we granted your request by referring you to the GIS department. As those records do not fall under the Right to Know Law. If you disagree with this; as you stated in your follow up response you are more than welcome to file an appeal with the Open Records Office in Harrisburg.

You have a right to appeal this answer for information in writing to The Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120.

If you choose to file an appeal you must do so within 15 business days of the mailing date of the agency's response. Section 1101. If you have further questions, please call Lucy Yakulis, Right-To-Know Officer.

Respectfully,
Lucy Yakulis
Director of Records Management, Right to Know Officer
Westmoreland County

Call 2-1-1 for Social Services. Help Starts Here.

From: Nick Ingalls

Hello Lucy,

Just wanted to notify your department that I have submitted an appeal for the rejection decision per Pennsylvania’s New Right to Know Law Act 3 of 2008 Ch 7 Sec 1101 Filing of Appeal with the Office of Open Records.

Cheers,
Nick

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