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Right-to-Know Law

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Open Records Policy PDF Right-to-Know Request OPEN RECORDS POLICYOn January 1, 2009, a new Right-to-Know Law (the “RTKL”) took effect in the Commonwealth of Pennsylvania. Under this statute (Act 3), public records of the City of Altoona, and all municipalities, are generally available to the public who request them. The City of Altoona, and all municipalities, are required to make available for public inspection, records which meet the generally outlined qualifications set forth in the Act. For more information regarding the Act, please contact the Commonwealth of Pennsylvania’s Office of Open Records, 333 Market Street, 16th Floor, Harrisburg, PA 17101-2234, Phone: (717) 346-9903 Fax: (717) 425-5343. They can also be reached at the following website: www. openrecords. pa. govPUBLIC RECORDThe Right-to-Know Law defines a public record as information, which documents a transaction or activity of the City, and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the City. CRIMINAL INVESTIGATIVE RECORDSCriminal investigative records related to open criminal investigations will be denied under the Right to Know Law. To challenge the denial of a request the requestor will be required to follow the appeal process of the RTKL of the Commonwealth of PA. LAW ENFORCEMENT RECORDINGSLaw Enforcement recordings to include any audio or video recording made by a law enforcement agency under Act 22 of 2017 must use the Law Enforcement Recording Request Form – Act 22 of 2017. The Right to Know Law does not apply to such recordings. Act 22 requires requests to be submitted in person or by certified mail. Requests must be submitted within 60 days of the event, recorded on the Act 22 Form, with ALL of the information provided. The City of Altoona has 30 calendar days to respond. REQUESTS AND CONTACT INFORMATIONRequests for public records must be made in writing by completing and submitting the City’s Right to Know Request Form (PDF). The City of Altoona will also accept the forms supplied for making such requests by the Commonwealth of PA Office of Open Records. All such requests should be submitted to the City of Altoona’s Open Records Officer as follows:by mail or in person to:City of AltoonaDepartment of AdministrationOpen Records Officer1301 12th Street, Suite 100Altoona, PA 16601by fax to: (814) 949-2411by e-mail to: cityclerk@altoonapa. govonline: https://www. altoonapa. gov/rtklIf you have questions about open records, you may contact the City’s OpenRecords Officer at (814) 949-2486 or by email. If a requester chooses not to use the City of Altoona Right to Know Request Form, the request will be considered an informal request, not subject to the RTK Law. This means the requester cannot pursue the relief and remedies provided for in the RTK Law. ANONYMOUS REQUESTSThe City of Altoona will not respond to anonymous requests for records. Requestors must provide valid name, address, phone number and email address. RESPONSEThe City will respond to your request in the manner required by the Act. FEESPaper copies are 25 cents per page, color copies are 35 cents per page, or in accordance with the City of Altoona Fee Resolution, plus the actual cost for postage if mailing is requested. Certification is an additional charge of $3. 00 per document. Fees are payable to:City of AltoonaDepartment of Administrationc/o Open Records Officer1301 12th Street, Suite 100Altoona, PA 16601If the fee associated with a Right-to-Know request is anticipated to be greater than $100. 00, the fee must be paid in advance before the City is obligated to distribute the records. Additional fee information is available by contacting the City Clerk’s office. APPEALSIf your request is denied, appeals should be submitted to:Commonwealth of PennsylvaniaOffice of Open Records333 Market Street, 16th FloorHarrisburg, PA 17101-2234. Appeals are heard by officers of the Office of Open Records of the Commonwealth of PA. All appeals must be in writing and include:A copy of the original Right-to-Know RequestA copy of the denial letterState the grounds you believe the record is a public record – a general statement that the record is public under the law is insufficientAddress all grounds that the Agency (City) raised in its denialAll appeals must be filed within 15 business days of the mailing date of the City of Altoona’s notice of denial or a deemed denial as defined in the Act. All appeals will be handled in accordance with the Act – a general statement that the Agency (City) is incorrect is insufficient. The Office of Open Records is required to dismiss any appeal that does not include this information. For more information under the Right to Know Law or Act 22 Audio or Video Recordings go to www. openrecords. pa. gov Open Records Policy PDF

Overview

The City of Altoona adheres to the Pennsylvania Right-to-Know Law (RTKL), which took effect on January 1, 2009. This policy outlines how the public can request records, defines what constitutes a public record, and details the procedures for appeals and fees.

Requesting Records

To request public records, individuals must submit a written request using the City’s Right to Know Request Form (PDF). The City also accepts forms supplied by the Commonwealth of PA Office of Open Records.

Submission Methods:

  • By Mail or In Person: City of Altoona, Department of Administration, Open Records Officer, 1301 12th Street, Suite 100, Altoona, PA 16601.
  • Online: www. altoonapa. gov (Right-to-Know Request fillable form).
  • By Fax: (814) 949-2411.
  • By E-mail: cityclerk@altoonapa. gov.

Important Note on Informal Requests: If a requester chooses not to use the official City form, the request is considered "informal" and is not subject to the RTKL. This means the requester loses the right to pursue legal relief or remedies provided under the law.

Anonymous Requests: The City will not respond to anonymous requests. Requestors must provide a valid name, address, phone number, and email address.

Definitions of Records

  • Public Record: Information documenting a transaction or activity of the City that is created, received, or retained pursuant to law.
  • Criminal Investigative Records: Records related to open criminal investigations are denied. To challenge this, requestors must follow the RTKL appeal process.
  • Law Enforcement Recordings: Audio or video recordings made by law enforcement under Act 22 of 2017 are not covered by the Right-to-Know Law.
    • Requests must use the specific Law Enforcement Recording Request Form – Act 22 of 2017.
    • Requests must be submitted in person or by certified mail within 60 days of the event.
    • The City has 30 calendar days to respond.

Fees and Payment

Fees are payable to the City of Altoona, Department of Administration, c/o Open Records Officer.

  • Paper Copies: 25 cents per page.
  • Color Copies: 35 cents per page.
  • Certification: $3. 00 per document.
  • Postage: Actual cost if mailing is requested.

Advance Payment: If the estimated fee exceeds $100. 00, payment must be made in advance before the City is obligated to distribute the records.

Appeals Process

If a request is denied, or if there is a "deemed denial" (failure to respond in time), the requester may appeal.

  • Where to Appeal: Commonwealth of Pennsylvania, Office of Open Records, 333 Market Street, 16th Floor, Harrisburg, PA 17101-2234.
  • Deadline: Appeals must be filed within 15 business days of the mailing date of the denial notice.
  • Required Content: The appeal must be in writing and include:
    • A copy of the original Right-to-Know Request.
    • A copy of the denial letter.
    • Specific grounds for why the record is public (a general statement is insufficient).
    • Addressing all grounds raised by the City in its denial.

The Office of Open Records is required to dismiss any appeal that does not include this specific information. For more details, visit www. openrecords. pa. gov.

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