West Easton Ltr Otter

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January 23, 2012

Lawrence M. Otter, Esq.P.O. Box 2131Doylestown, PA 18901

RE: Tricia Mezzacappa

Dear Attorney Otter:

I acknowledge receipt of your email.

First, I have to disagree with some of the statements in your email of Saturday, January21, 2012. I realize that your statements are based on what your client has told you, however,my understanding is that your client showed up with only a half hour notice demanding to listento the tape. This is even though she had previously been advised that she would need toschedule an appointment and that the Open Records Officer was available Tuesday throughFriday (1:00 p.m.-5:00 p.m.).

As you recognize in your email, the Open Records Office has recognized that when thereis a request for inspection of documents, the municipality has every right to attempt to schedulean appointment for orderly inspection process. This same logic applies to requests for listeningto a tape. As I know you are aware, the tape is approximately 1-1/2 hours in length andtherefore your client might well have chosen to be there for 1-1/2 hours.

I understand that the reason the police were called is that your client placed herself infront of the service window and announced that she would not move until she was given thetape to listen to. The Borough Clerk asked her several times to schedule an appointment andreturn. In view of this, I don’t believe the Borough had much choice but to summon officers soas to prevent your client from blocking access to other individuals.

Your client has now submitted another email asking certain specific questions aboutrecord availability. I enclose a copy of that email since it does not appear that you were copiedon it.

In answer to those questions, specifically:



1. The contact person to set up an appointment would ordinarily be the Open RecordsOfficer;

2. An appointment should be requested during the time that your client has been notifiedthat Ms. Gross would be available (Tuesday through Friday at 1:00 p.m.). For schedulingpurposes, we request one day notice.

3. As your client has already been advised, the Open Records Officer availability isTuesday through Friday 1:00 p.m. to 5:00 p.m.

4. Your client will be allocated adequate time to inspect the records. For instance, wherethe request was to listen to the tape, she obviously must be given time to listen to the entiretape.

With regard to your statement relating to Kelly’s reluctance to take telephone calls fromyour client, note that your client is requiring (in her email) that all contact be made throughemail. I would suggest that email is the best way to make these requests. It would be advisableto copy me on the emails and we will copy you on any response.

Sincerely,

Peter C. Layman, Solicitor

Borough of West Easton

PCL:nljEnclosurepc: Kelly Gross, Borough of West Easton



Kelly GrossChairman, Borough CouncilWest Easton Borough237 Seventh StreetWest Easton, PA 18042-6172

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West Easton Ltr Otter