Right to Know Requests

Right-to-Know Requests

Northampton Township provides access to public records in accordance with the Pennsylvania Right-to-Know Law (RTKL), Act 3 of 2008, 65 P.S. §§ 67.101 et seq.

Submitting a Right-to-Know Request

All written requests for access to public records must be submitted on either:

• Northampton Township Right-to-Know Request Form
• Pennsylvania Office of Open Records Standard Right-to-Know Law Request Form.

Address requests to the Township's Open Records Officer.

Email Requests To:

RTK@nhtwp.org

Written requests may be submitted by email, U.S. mail, facsimile, or in person.

Requests received after the close of the Township's normal business hours, at 4:30 p.m., or on a day when Township offices are closed, will be considered received on the next business day that Township offices are open.

A Request Must Include:

1. A sufficiently specific identification or description of the records requested to enable the Township to determine which records are being requested;
2. The medium in which the records are requested; and
3. The name and address to which the Township should send its response.

The Township will not require a requester to explain the reason for the request or the intended use of the requested records unless otherwise required by law.

Requests must seek existing records rather than answers to questions.

The Township is not required to create a record that does not currently exist or to compile, maintain, format, or organize a record in a manner in which the Township does not currently compile, maintain, format, or organize the record.

Open Records Officer

The Township's Open Records Officer is responsible for receiving and responding to requests for Township records in accordance with the Pennsylvania Right-to-Know Law, Township policy, and applicable regulations.

The Open Records Officer shall:

• Receive written requests for access to Township records;
• Review and respond to requests in accordance with applicable law and Township policy;
• Direct requests to the appropriate Township department or other agency, when necessary;
• Monitor the Township's progress in responding to requests;
• Issue interim and final responses;
• Maintain required records concerning Right-to-Know requests and their disposition; and
• Coordinate with Township staff as necessary to identify and review responsive records.

Township employees who receive a Right-to-Know request shall forward the request to the Open Records Officer.

Township Response to a Request

Upon receipt of a properly submitted written request, the Open Records Officer will determine whether the Township possesses, has custody of, or controls records responsive to the request and whether those records are subject to public access.

The Township will respond as promptly as possible. An initial response will be issued within five business days of receipt of the request by the Open Records Officer, as required by the Pennsylvania Right-to-Know Law.

The Township's response may:

• Grant the request;
• Partially grant and partially deny the request;
• Deny the request; or
• Notify the requester that additional time is necessary to respond.

Records are generally available for inspection at the Township Administration Building during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays and other days when Township offices are closed.

Extension of Time

The Pennsylvania Right-to-Know Law permits the Township to extend the time for issuing a final response when certain circumstances apply.

When an extension is necessary, the Township will provide written notice within five business days of receiving the request. The notice will identify the reason for the extension and provide a reasonable date by which the Township expects to issue its final response.

An extension of up to 30 calendar days beyond the initial five-business-day response period does not require the requester's consent when authorized by the Right-to-Know Law.

If additional time beyond that period is necessary, the requester may agree in writing to an additional extension.

Granting a Request

When access to records is granted, the Township will provide the records in accordance with the Right-to-Know Law and will advise the requester of any applicable fees.

Records will be provided in the medium requested if they exist in that medium. If they do not exist in the requested medium, they will be provided in the medium in which they exist.

The Township may also respond to a request by directing the requester to records that are available through publicly accessible electronic means.

If the requester is unable or unwilling to access records electronically and requests paper copies within 30 days of receiving the Township's notice, the Township will provide the records in printed form in accordance with the Right-to-Know Law and applicable fee schedule.

Denial or Partial Denial of a Request

Not every record maintained by the Township is a public record subject to disclosure.

A record, or a portion of a record, may be withheld when disclosure is prohibited or restricted by:

• An exemption contained in the Pennsylvania Right-to-Know Law;
• Another federal or state law or regulation;
• A privilege recognized by law, including the attorney-client privilege; or
• A court order or other applicable legal authority.

If a public record contains both information that is subject to public access and information that is protected from disclosure, the Township will provide access to the public portion and redact the protected information when appropriate.

A written denial or partial denial will identify the records requested, explain the legal basis for the denial or redaction, identify the Open Records Officer issuing the response, and provide information concerning the requester's appeal rights.

The Pennsylvania Right-to-Know Law contains exemptions addressing various categories of records and information, including certain personal identification information, investigative records, public safety and security information, employee information, confidential proprietary information, privileged communications, and other information protected by law.

For additional information regarding the Pennsylvania Right-to-Know Law and its exemptions, visit the Pennsylvania Office of Open Records.

How to File an Appeal

If a written Right-to-Know request is denied, partially denied, or deemed denied, the requester may file an appeal with the Pennsylvania Office of Open Records (OOR).

An appeal must generally be filed within 15 business days of the mailing date of the Township's response or the date the request is deemed denied.

An appeal must include:

• A copy of the original Right-to-Know request;
• A copy of the Township's response, if one was issued;
• A written statement explaining the grounds upon which the requester asserts that the requested records are public records; and
• A written statement addressing any grounds cited by the Township for denying access.

File an Appeal Online

The OOR recommends filing appeals electronically through its OOR Appeal E-File Portal

Electronic appeals and appeal-related documents must be submitted through the OOR's electronic filing system. The OOR no longer accepts appeal filings by email.

For complete instructions regarding appeals, visit:

OOR – How to File an Appeal

Appeals may also be submitted by fax, U.S. mail, or in person in accordance with the OOR's current filing procedures.

Pennsylvania Office of Open Records
555 Walnut Street, Suite 605
Harrisburg, PA 17101-1925
Fax: 717-425-5343

Note: Special appeal procedures may apply to requests involving criminal investigative records of a local agency. Requesters should review the appeal instructions provided in the Township's final response and the current procedures established by the Pennsylvania Office of Open Records.

Right-to-Know Law Fee Schedule

Northampton Township assesses fees for Right-to-Know Law requests in accordance with the Official RTKL Fee Schedule established by the Pennsylvania Office of Open Records, as amended from time to time.

Current Fee Schedule

A "copy" is a single-sided copy or one side of a double-sided copy on 8.5" × 11" or 8.5" × 14" paper.

Electronic Records

No additional fee will be charged solely for delivering records by email or another electronic method.

If records require redaction and the Township cannot securely redact the records electronically, the Township may print the records to perform the necessary redactions and then scan them for electronic delivery. Applicable duplication fees may be charged for the copies necessary to securely redact the records.

Other Statutory Fees

When a statute other than the Right-to-Know Law establishes a fee for a particular type of record, the fee authorized by that statute will apply.

For example, Pennsylvania law permits police departments to charge up to $15.00 for a vehicle accident report.

Fees That Are Not Charged

The Township will not charge a fee for:

• Searching for or retrieving responsive records;
• Staff time or salary associated with responding to a Right-to-Know request;
• Reviewing records to determine whether they are public records;
• Preparing the Township's response letter; or
• Redacting information from a record.

Duplication costs may apply when paper copies are necessary to securely perform redactions.

Prepayment

If the fees required to fulfill a request are expected to exceed $100, the Township may require the requester to prepay an estimate of the authorized fees before access to the records is granted.

All applicable fees must be paid before records are released.

The Township may waive fees at its discretion when permitted by law.

Complex and Extensive Data Sets

For complex and extensive data sets, including geographic information systems (GIS) or integrated property assessment lists, fees for copying may be based on the reasonable market value of the same or closely related data sets, as permitted by Section 1307(b)(4) of the Pennsylvania Right-to-Know Law.

The reasonable-market-value provision does not apply to certain requests made by individuals connected with qualifying news media for publication or broadcast purposes or by nonprofit organizations conducting educational research, as provided by the Right-to-Know Law.

View the Pennsylvania Office of Open Records Official RTKL Fee Schedule

Additional Right-to-Know Law Information

Additional information regarding Pennsylvania's Right-to-Know Law, including request forms, appeal procedures, the Official RTKL Fee Schedule, citizens' guides, and other resources, is available from the Pennsylvania Office of Open Records.

Pennsylvania Office of Open Records