Right-to-Know Requests

POLICY

It is the policy of the Bushkill Township Police Department to comply with the requirements of the Pennsylvania Right-to-Know Law (Act 3 of 2008), 65 P.S. §§ 67.101 et seq., commonly known as the “Right to Know Law” which provides public access to certain government records. The Department shall make public records available for inspection and duplication in accordance with applicable law, while protecting records that are exempt from disclosure.

OPEN RECORDS OFFICER

The Bushkill Township Police Department shall designate an Open Records Officer who is responsible for receiving and processing all requests submitted pursuant to the Right-to-Know Law.

Requests for records shall be directed to:

Captain Scott Dempsey

Open Records Officer

Bushkill Township Police Department

1114 Bushkill Center Road

Nazareth, PA 18064

Email: police@bushkilltownship.com

SUBMISSION OF REQUESTS

Pursuant to the Law, the Pennsylvania Office of Open Records has created and published on its website a standard statewide form, which will be accepted by the Bushkill Township Police Department for the filing of a request. It is the policy of the Bushkill Township Police Department to require the standard statewide form to be used for submission of Right-to-Know requests and will not consider a request to be a written request under the Law unless it is submitted on the standard statewide form. https://www.openrecords.pa.gov/Documents/RTKL/RTKRequestForm.pdf

All requests for records under the Right-to-Know Law shall be submitted in writing and shall sufficiently identify or describe the records sought to enable the department to ascertain which records are being requested.

Requests may be submitted in the following manner:

Be directed to the designated Open Records Officer (designated above).
Be submitted on the standard statewide form.
Contain, at a minimum, the following information:
Name of requester.
Address of requester.
Affirmation that the information provided is true and correct and that the requester is a legal resident of the United States.
A description of the record(s) sought with sufficient specificity to enable the BTPD to ascertain which records are being requested.

The department is not required to respond to oral requests for records or to anonymous written requests. A request need not include any explanation of the requester's reason for requesting, or intended use of, a Township public record, and no Township employee shall request such information from a requestor or deny access to a Township public record based on the reason for requesting or the intended use of a Township public record. The Township shall not limit the number of records requested by the requestor.

The Township and its employees are not required to create a public record which does not currently exist or to compile, maintain, format or organize a public record in a way the Township does not currently compile, maintain, format, or organize the public record.

RESPONSE TO REQUESTS

The Open Records Officer shall review each request, make a good faith effort to determine whether the requested record(s) are public records, and respond in accordance with the time requirements established by the Pennsylvania Right-to-Know Law, not exceed five (5) business days from the date the request is received by the Open Records Officer. If the department fails to respond within the time requirements, the request is deemed denied. A single extension of time, not to exceed thirty (30) calendar days, for specific reasons may be invoked. If no response is provided within the thirty (30) calendar-day period, the request is deemed denied. If an extension of beyond the thirty (30) days is needed, the request is deemed denied unless the requester agrees in writing to the additional extension. If the requester agrees, the request shall be deemed denied on the day following the agreed date if no response has been provided.

Business Day Definition:

Monday through Friday during regular business hours (7:30 a.m. – 3:30 p.m.), excluding any day on which the Township observes a holiday or when the Township Administration Offices are closed. For purposes of this Open Records Policy, Township Departments shall be considered closed when any of the following conditions apply:

The Township is operating on an “essential services only” basis.
The Township is closed for four (4) or more hours during regular business hours.
The Township is observing a holiday as posted on the Township’s official website.
The Township closes for any portion of regular business hours on an emergency basis.
The Township offices are otherwise closed by official action or directive.

FEES

Fees for duplication and certification of records shall be assessed in accordance with the fee schedule established by the Pennsylvania Office of Open Records. Additional fees may apply for postage, certified copies, or specialized duplication services as permitted by law. https://www.openrecords.pa.gov/RTKL/FeeStructure.cfm

RESPONSE

The department’s final response to a request shall do one of the following:

Grant the request.
Deny the request.
Grant the request in part and deny the request in part, or
Grant the request and redact portions of the record pursuant to the Law and/or other applicable federal, state, or local law.

APPEALS

If a request for records has been denied (in whole or in part) or deemed denied, the requester may file an appeal within fifteen (15) business days of the mailing date of the department’s response.

FOR RECORDS OTHER THAN CRIMINAL INVESTIGATIVE RECORDS:

Appeals of denials relating to records other than criminal investigative records must be directed within fifteen (15) business days to:

Pennsylvania Office of Open Records

555 Walnut Street, Suite 605

Harrisburg, PA 17101-1925

Email: openrecords@pa.gov
Website: https://openrecords.pa.gov

FOR CRIMINAL INVESTIGATIVE RECORDS:

Appeals of denials relating to criminal investigative records (denials pursuant to Section 708(b)(16) relating to criminal investigation) must be directed within fifteen (15) business days to:

Northampton County District Attorney's Office

669 Washington Street, Easton, PA 18042

Easton, PA 18042-1614

Additional Information:

Additional information, forms, and guidance regarding the Right-to-Know Law are available here: https://www.openrecords.pa.gov/RTKL/CitizensGuide.cfm

Attachments

Right to Know BTPD.pdf1.16 MB
Open Records Policy.pdf240.84 KB