It is the policy of the Fairview Township Police Department to provide public records in accordance with the Right to Know Act (“Act”) found 65 P.S. Sec.66.1 et. seq. as amended.
As a law enforcement agency, the police department must balance the need to conduct effective investigations, the need to maintain the confidentiality of its investigations and the need to protect the innocent who happen to be subject to investigation. It is the intent of the police department to comply with the spirit and the letter of the Act
Pennsylvania’s New Right to Know Law, Act 3 of 2008, as signed by Gov. Edward G. Rendell on February 14, 2008
Effective January 1, 2009.
More information on the new Right to Know Law, Act 3 of 2008 can be obtained at the Pennsylvania’s Office of Open Records website.
RIGHT-TO-KNOW LAW REQUEST POLICY
This written policy outlines the proper procedures for requesting records from the Fairview Township Police Department under Pennsylvania’s Right-to-Know Law, Act 3 of 2008 §§ 702-703. Questions regarding this policy should be directed to the Right-to-Know Officer, Lt. Jason C. Loper, Fairview Township Police Department, at (717) 901-5267.
IMPORTANT NOTICE: Under the Right-to-Know Law, investigative reports (ie. incident reports and police reports) are exempted from the definition of a “public record”, therefore, any such request will be denied.
1. All requests for records must be in writing and signed by the requester. The request should identify or describe the records sought with sufficient specificity to enable the Fairview Township Police Department to ascertain which records are being requested and shall include a name and address to which the Fairview Township Police Department should address its response. The Fairview Township Police Department will not accept oral or anonymous requests for records.
2. All requests for records shall be addressed as follows:
Fairview Township Police Department
145 Limekiln Road Suite 600 New Cumberland, PA 17070
ATTN: Lt. Jason C. Loper
3. All requests shall be in writing and shall be sent to Fairview Township by mail, facsimile to (717)901-5234, email or delivered in person during the Fairview Township regular business hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays and official office closings. Fairview Township will not accept verbal for records or email requests that have not utilized the Right To Know Request Form. As soon as possible, but no later than five business days after receiving a written request to access public records, the Right-to-Know Officer or his designee shall respond to the request.
4. Under the Right-to-Know Law, investigative reports are exempted from the definition of a “public record”, therefore, any such request will be denied. Criminal history information is not accessible under the Right-to-Know Law, but may be obtained through the submission of a Request for Criminal Record Check, Form SP 4-164, which is available on the Pennsylvania State Police website (www.psp.state.pa.us) all such requests will be referred to the Pennsylvania State Police. The Fairview Township Police Department does not possess or retain investigative or administrative information for other state or local agencies; therefore, such requests will be denied. An appeal to a denial of information may be made in writing to Terry Mutchler, Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120. An appeal for a denial of Criminal Records may be made to First Assistant District Attorney Tom Kearney, Esq., 45 North George Street York PA, 17401.