PA Right to Know

PA Right to Know

Pursuant to the Pennsylvania Right to Know Law, U.S. Citizens have a right to access and copy certain documents classified as public records.

Step 1:
Click on the links to download the request form:
Right To Know Request Form (PDF) 

Step 2:
Complete the form and submit it using one of the following methods:

  • Email: RTK@elpd.org
  • Fax: (610) 622-5403
  • U.S. Mail or In-person:
    Samantha Norris, Administrator
    155 Lexington Ave
    East Lansdowne, PA 19050
    Phone: (610) 259-2308
    Fax: (610) 622-5403
    Email: RTK@elpd.org

Policy & Procedures

Requests

  • All requests for public records of the East Lansdowne Police Department under this policy shall be specific in identifying and describing each and every public record requested. In no case shall the East Lansdowne Police Department be required to create a public record which does not exist or to compile, maintain, format, or organize the public record.
  • All requests for public records shall be submitted in writing and include the date of the request, requester name, address, telephone number, signature of the requester, and, if duplication is required, appropriate payment.
  • No copies of records will be released without payment in full for copying costs.

Fees
The East Lansdowne Police shall charge copying fees in accordance with the rates approved by the Pennsylvania Office of Open Records.

  • Copies (A “photocopy” is either a single-sided copy or one side of a double-sided black-and-white copy of a standard 8.5″ x 11″ page): $0.25 per page.
  • Certification of a Record: Please note that certification fees do not include notarization fees. $1 per record
  • Specialized documents: For example, but not limited to, blueprints, color copies, non-standard sized documents/formatted electronic versions. Actual Cost
  • Facsimile/Microfiche/Other: Actual Cost
  • Conversion to Paper: 
If a record is only maintained electronically or in other non-paper, duplication fees shall be limited to the lesser of the fee for duplication on paper or the fee for duplication in the original document unless the requester specifically requests for the record to be duplicated in the more expensive medium.
  • Postage Fees: Actual Cost of Mailing
  • Vehicle accident report: $15 per report

If the estimated costs of duplication of a public record is expected to exceed One Hundred Dollars ($100.00), the Borough may require the person or entity requesting the record to prepay the estimated fees authorized by this policy, prior to providing access to the public record. Access to the records requested shall be postponed until prepayment is received.

Inspection of Redacted Records: If a requester wishes to inspect rather than receive a copy of a record and the record contains both public and non-public information, East Lansdowne Police shall redact the non-public information. The East Lansdowne Police will charge for the copies it must make of the redacted material in order for the requester to view the public record. The fee structure outlined above will apply. If, after inspecting the records, the requester chooses to obtain the copies, no additional fee will be charged.

Response
When a request is received for access to public records, the Open Records/Right To Know Officer shall make a determination within five (5) business days of receipt of the request, to grant or deny the request, or to partially grant and partially deny the request. Alternatively, the Open Records/Right To Know Officer may decide that additional time is required if, after receiving a request for access to public records, the Open Records/Right To Know Officer determines any of the following circumstances exist:

  • The request for access requires redaction of a public record
  • The request for access requires retrieval of a record stored in a remote location;
  • A timely response to the request for access cannot be accomplished due to staff limitations;
  • A legal review of the request is necessary to determine whether the record is a public record subject to access under the Act;
  • The person or entity requesting access to the public record has not complied with East Lansdowne Police policies regarding access to public records;
  • The person requesting access to the record refuses to pay applicable fees as contained herein.

The person or entity requesting access to the public record shall be informed in writing as to the specific reason that their request is being reviewed within the original five (5) business day period.

The notice shall include a statement notifying the requester that the request is being reviewed, the reason for review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available.

The review must be completed, and a final determination made, within thirty (30) days following the date the request was made. If the date a response is expected to be provided is in excess of 30 days, the request for access shall be deemed denied unless the requester has agreed in writing to an extension to the date specified in the notice.

If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice where the agency has not provided a response by that date.

Denial
If a request for access to public records is denied, the person or entity requesting the information shall be notified in writing of the Right to Know/Open Records Officer’s decision within the applicable five (5) business day or thirty (30) business day period. Denials must be in writing and shall include:

  1. A description of the record
  2. The reason for denial including citation to the legal authority
  3. The contact information for the Borough’s Right to Know/Open Records Officer and signature.
  4. Date of response
  5. Procedures for appeal.

Appeals Process
All appeals must be made in writing and must be submitted to the Pennsylvania Office of Open Records within 15 business days from the mailing date of the East Lansdowne Police Department denial or the date that the request was deemed denied. If that time frame expires before you provide the required information to the OOR, you lose your right to appeal and may need to file a new RTK request with the Agency.

To file an appeal under the Right-to-Know Law, a requester must provide all of the following:

  • A copy of the RTK request.
  • A copy of the Agency’s response (or a notation that the request was deemed denied, meaning the Agency didn’t respond at all).
  • A written statement explaining the grounds on which the requester asserts that the record is a public record.
  • A written statement addressing any grounds stated by the agency for denying the request.

The simplest and best way to prepare an appeal is to use the official OOR Appeal Form

Audio & Video Recordings:

NOTE: DO NOT request audio or video recordings from East Lansdowne Police via the Right To Know Law. PA’s  Act 22 of 2017 (specifically, Chapter 67A of the Act) sets out a separate process for obtaining audio an video recordings.

Right To Know Officer
Samantha Norris, Administrator
155 Lexington Ave
East Lansdowne, PA 19050
Phone: (610) 259-2308
Fax: (610) 622-5403
Email: RTK@elpd.org

Appeals Officer
Terry Mutchler, Executive Director
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120
Phone: (717) 346-9903
Email: openrecords@pa.gov

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