ACT 22 REQUEST

 Act 22 VIDEO-AUDIO-REQUEST 

REQUESTING VIDEO/AUDIO RECORDINGS FROM THE LOWER GWYNEDD TOWNSHIP POLICE DEPARTMENT 

NOTE: Do not request audio or video recordings using the Act of February 14, 2008 (P.L. 6, No. 3) known as the “Right-to-Know Law”. This page contains instructions for requesting audio and video recordings. Act 22 of 2017 (specifically, Chapter 67A of the Act) applies to individuals seeking “any audio recording or video recording made by a law enforcement agency.” The Right-to-Know Law does not apply to requests for these recordings. 

HOW TO FILE A REQUEST

 Under Act 22, a request for an audio or video recording in the possession of a law enforcement agency must be made within 60 days of the date the recording was made. The written request must be submitted to the Agency Open Records Officer (AORO) for the law enforcement agency that possesses the record. The request is not officially received until it is personally delivered to the AORO, or when it is marked “delivered” by certified mail. 

The request must include: 

The date, time and location of the event recorded 

A statement describing the requester’s relationship to the event recorded 

 If the recorded incident took place inside a residence, the request must also identify every person present at the time of the recording, unless unknown and not reasonably ascertainable. 

Under Act 22, the agency may deny the request – in writing – if it determines that a recording contains:

 Potential evidence in a criminal matter; or  

Information pertaining to an investigation or a matter in which a criminal charge has been filed; or

Confidential information or victim information; and

  The reasonable redaction of the recording would not safeguard potential evidence.

 FEE ASSOCIATED WITH GRANTED REQUESTS Act 22 permits law enforcement agencies to charge a reasonable fee to provide a copy of an audio recording or video recording.

 HOW TO APPEAL A DENIED REQUEST 

The requester may appeal within 30 days of the date of denial at the Bucks County Court of Common Pleas. 

The appeal is filed as a Petition for Judicial Review and must include: A filing  

A copy of the written request and any written responses Proof that the AORO was served within five days of the filing of the Petition

 If the event recorded took place inside a residence, the petitioner must also certify that notice of the petition has been served on each individual present at the time of the recording and on the owner and occupant of the residence, unless that information is unknown and not reasonably ascertainable. 

SUBMITTING A REQUEST All requests must be either hand-delivered to the Agency Open Records Officer or sent by certified mail, as follows: 

Lower Gwynedd Township Police Department

 ATTN: Agency Open Records Officer - Lieutenant Michael Gargan  email address: Mgargan@lowergwyneddpd.gov 

 1130 N Bethlehem Pike PO Box 625

Spring House, Pa 19477

  The Agency Open Records Officer accepts requests during regular business hours of 8:00 a.m. to 4:00 p.m., Monday through Friday (except holidays and official office closings). Attachment act_22_request_form_2.pdf