Right-to-Know Law
Right-to-Know Law
OPEN RECORDS POLICY
On 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.gov
PUBLIC RECORD
The 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 RECORDS
Criminal 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 RECORDINGS
Law 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 INFORMATION
Requests 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 Altoona
Department of Administration
Open Records Officer
1301 12th Street, Suite 100
Altoona, PA 16601
by fax to: (814) 949-2411
by e-mail to: cityclerk@altoonapa.gov
online: https://www.altoonapa.gov/rtkl
If you have questions about open records, you may contact the City’s Open
Records 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 REQUESTS
The City of Altoona will not respond to anonymous requests for records. Requestors must provide valid name, address, phone number and email address.
RESPONSE
The City will respond to your request in the manner required by the Act.
FEES
Paper 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 Altoona
Department of Administration
c/o Open Records Officer
1301 12th Street, Suite 100
Altoona, PA 16601
If 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.
APPEALS
If your request is denied, appeals should be submitted to:
Commonwealth of Pennsylvania
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, 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 Request
- A copy of the denial letter
- State the grounds you believe the record is a public record – a general statement that the record is public under the law is insufficient
- Address all grounds that the Agency (City) raised in its denial
All 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