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(a) If the borough official who is the custodian of a record considers the information requested to be confidential pursuant to applicable federal, state, or borough law, within ten (10) working days of receiving the request shall prepare and provide the requester a written statement setting forth the following information:

(1) Date;

(2) Item of information requested;

(3) The specific provision of applicable state, federal or borough law exempting the requested information from disclosure;

(4) The title and signature of the official withholding the information; and

(5) The right of the requester to appeal the decision pursuant to subsection (b) of this section.

(b) In the event a party is denied access to requested information under the provisions of subsection (a) of this section, the person may submit a written appeal to the borough manager. Within ten (10) working days of receiving the appeal, the borough manager shall issue a written response to the requester, either granting or denying the appeal and notifying the requester of the right to appeal the decision to the borough assembly which shall be the final and binding authority. [Ord. No. 974, §2, 8-21-95. Code 1974 §5.90.045.]