CAMP HILL BOROUGH POLICE DEPARTMENT
COMPLIANCE WITH THE
I.
PURPOSE
THE
PURPOSE OF THIS POLICY IS TO PROVIDE GUIDELINES TO ASSURE FULL COMPLIANCE WITH
THE PENNSYLVANIA RIGHT TO KNOW ACT, ACT 3 OF 2008, TO PROVIDE ACCESS TO PUBLIC
RECORDS OF THE CAMP HILL BOROUGH POLICE DEPARTMENT, TO PRESERVE THE INTEGRITY
OF THE PUBLIC RECORDS OF THE DEPARTMENT, AND TO MINIMIZE THE FINANCIAL IMPACT
TO RESIDENTS OF THE BOROUGH REGARDING RESOURCES UTILIZED IN THE RECEIPT AND
PROCESSING OF PUBLIC RECORD REQUESTS AND THE RETRIEVAL AND COPYING OF PUBLIC
RECORDS
II.
POLICY
THE
CAMP HILL BOROUGH POLICE DEPARTMENT RECOGNIZES THE RIGHT OF INDIVIDUALS
AND / OR ORGANIZATIONS TO OBTAIN PUBLIC RECORDS, AS WELL
AS THE DEPARTMENT'S REQUIREMENT TO COMPLY WITH THE PENNSYLVANIA
RIGHT TO KNOW ACT AND THE PUBLIC RECORDS POLICY OF CAMP HILL BOROUGH.
THEREFORE, IT IS THE POLICY OF THE CAMP HILL BOROUGH POLICE DEPARTMENT AND ITS
PERSONNEL TO FOLLOW THE PROVISIONS SET
III. NON-PUBLIC
POLICE DEPARTMENT RECORDS AND INFORMATION
A.
INVESTIGATIVE REPORTS
B.
CRIMINAL HISTORY INFORMATION IS NOT ACCESSIBLE UNDER THE PROVISIONS OF THE
RIGHT TO KNOW ACT
C. UNLESS A CHARGE OF JUVENILE DELINQUENCY IS
TRANSFERRED FOR CRIMINAL PROSECUTION UNDER THE PROVISIONS OF THE JUVENILE ACT,
OR THE COURT OTHERWISE ORDERS, INFORMATION RELATED TO A JUVENILE SHALL NOT BE
OPEN FOR PUBLIC INSPECTION OR DISSEMINATION
IV. POLICE
DEPARTMENT RECORDS - DISCLOSURE / INSPECTION
A. THERE SHALL BE NO REQUIREMENT OF THE
REQUESTOR TO DISCLOSE A PURPOSE OR MOTIVE WHEN MAKING A REQUEST FOR ACCESS OF RECORDS
OR INFORMATION
CONSIDERED
TO BE PUBLIC RECORD
B.
THERE SHALL BE NO LIMITATION REGARDING THE NUMBER OF PUBLIC RECORDS INSPECTED
OR, WITH PAYMENT OF THE APPLICABLE FEES, PROVIDED AND / OR COPIED
V.
POLICE DEPARTMENT PUBLIC RECORDS - AVAILABILITY
A.
REQUESTS FOR
PUBLIC RECORDS FROM THE CAMP HILL BOROUGH POLICE DEPARTMENT SHALL BE IN
WRITING, UTILIZING THE APPROPRIATE FORM PROVIDED
BY THE
DEPARTMENT. REQUESTS SHALL BE SPECIFIC IN IDENTIFYING AND
DESCRIBING EACH PUBLIC RECORD REQUESTED
B. IN NO CASE SHALL THE DEPARTMENT
BE REQUIRED TO CREATE A PUBLIC RECORD THAT DOES NOT EXIST OR TO COMPILE,
MAINTAIN, FORMAT OR ORGANIZE A PUBLIC RECORD
C. REQUESTS FOR THE RELEASE OF
PUBLIC INFORMATION MUST BE ADDRESSED TO THE ATTENTION OF THE FOLLOWING:
OFFICE OF THE CHIEF OF POLICE
CAMP HILL BOROUGH POLICE DEPARTMENT
D. THE CHIEF OF POLICE SHALL BE
DESIGNATED AS THE “RIGHT TO KNOW OFFICER” FOR THE DEPARTMENT
E
AUTHORIZED DEPARTMENTAL PERSONNEL SHALL MAKE A GOOD FAITH EFFORT TO DETERMINE
WHETHER EACH RECORD REQUESTED IS A PUBLIC RECORD
F. THE
CHIEF OF POLICE OR HIS DESIGNEE SHALL FACILITATE A REASONABLE RESPONSE TO ALL
REQUESTS FOR PUBLIC RECORDS. IN NO CASE SHALL THE CHIEF OF POLICE BE
EXPECTED TO PROVIDE EXTRAORDINARY STAFF TO RESPOND TO THE REQUEST.
SAID RESPONSE SHALL BE IN A MANNER THAT IS CONSISTENT WITH THE REQUIREMENTS OF
THE PENNSYLVANIA RIGHT TO KNOW ACT
G. THE
CHIEF OF POLICE OR HIS DESIGNEE SHALL RESPOND TO THE REQUESTOR WITHIN FIVE (5)
BUSINESS DAYS FROM THE RECEIPT OF THE WRITTEN REQUEST. SAID
RESPONSE SHALL CONSIST OF ONE OF THE FOLLOWING:
1. APPROVAL
FOR ACCESS TO THE PUBLIC RECORD
2. PARTIAL
DENIAL OF ACCESS TO THE RECORDS REQUESTED
3. DENIAL
OF ACCESS TO THE RECORD REQUESTED
4. WHEN APPLICABLE, ADVISING THE REQUESTOR THAT A REVIEW
OF THE REQUEST IS
H. PUBLIC RECORDS THAT HAVE BEEN REQUESTED AND
APPROVED FOR RELEASE SHALL BE MADE AVAILABLE BETWEEN 9:00 A.M. AND 3:00 P. M.
ON A MONDAY THROUGH FRID BASIS, EXCLUDING HOLIDAYS OR EXTENUATING CIRCUMSTANCES
I. WITH RELATION TO THIS POLICY AND THE
PROCEDURES SET
VI. POLICE
DEPARTMENT PUBLIC RECORDS - FEE SCHEDULE
A. THE
FEE SCHEDULE FOR COPIES OF CAMP HILL BOROUGH POLICE DEPARTMENT RECORDS THAT ARE
CONSIDERED TO BE PUBLIC RECORD SHALL BE AS FOLLOWS:
1.
MOTOR VEHICLE ACCIDENT REPORTS - $ 15.00
2.
PHOTOCOPYING - 25 CENTS ( $ 0.25 ) PER PAGE
3.
SPECIALIZED DOCUMENTS - ACTUAL COST
4
CERTIFIED COPIES - $ 1.00 PER RECORD
5
POSTAGE - ACTUAL COST TO THE DEPARTMENT
B. IN
THE EVENT THE ESTIMATED COST OF FULFILLING A REQUEST SUBMITTED UNDER THIS
POLICY IS EXPECTED TO EXCEED $ 100.00, THE CHIEF OF POLICE OR HIS DESIGNEE
SHALL OBTAIN FIFTY PERCENT (50%) OF THE EXPECTED COST IN ADVANCE OF FULFILLING
SAID REQUEST
C. THE
DEPARTMENT HAS DISCRETION TO WAIVE FEES
VII.
REVIEW AND APPEALS
A. IF A REQUEST FOR A RECORD IS BEING REVIEWED,
THE NOTICE BY THE DEPARTMENT SHALL BE IN WRITING AND SHALL INCLUDE THE REASON
FOR THE REVIEW AND THE EXPECTED RESPONSE DATE, WHICH SHALL BE WITHIN THIRTY ( 30 ) DAYS OF THE NOTICE OF REVIEW. IF THE DEPARTMENT
DOES NOT RESPOND WITHIN THIRTY (30) DAYS THEREOF, THE REQUEST IS DEEMED TO BE
DENIED. REVIEW OF A REQUEST IS LIMITED TO SITUATIONS WHERE:
1. THE RECORD REQUESTED CONTAINS INFORMATION
WHICH IS SUBJECT TO ACCESS, AS WELL AS INFORMATION WHICH IS NOT SUBJECT TO
ACCESS THAT MUST BE REDACTED PRIOR TO A GRANT OF ACCESS. THE REDACTED
INFORMATION IS CONSIDERED A DENIAL TO THAT INFORMATION
2. THE
RECORD REQUIRES RETRIEVAL FROM A REMOTE LOCATION
3. A
TIMELY RESPONSE CANNOT BE ACCOMPLISHED DUE TO STAFFING LIMITATIONS
4. A
LEGAL REVIEW IS NECESSARY TO DETERMINE WHETHER THE RECORD REQUESTED IS IN FACT
A PUBLIC RECORD
5. THE
REQUESTOR HAS FAILED TO COMPLY WITH THE DEPARTMENT=S PROCEDURES AND REQUIREMENTS
6. THE
REQUESTOR REFUSES TO PAY THE APPLICABLE FEES
B. IF
ACCESS TO THE RECORD REQUESTED IS DENIED, THE NOTIFICATION OF THE DENIAL SHALL
BE SIGNED BY THE CHIEF OF POLICE
C. IF
THE REQUEST IS DENIED OR DEEMED TO BE DENIED, THE REQUESTOR MAY FILE AN APPEAL
WITH THE OFFICE OF OPEN RECORDS OR, WHERE APPLICABLE, THE CUMBERLAN COUNTY
DISTRICT ATTORNEY’S OFFICE WITHIN FIFTEEN ( 15 ) DAYS
FROM THE MAILING DATE OF THE CHIEF OF POLICE=S
NOTICE OF DENIAL
D.
THE BOROUGH
SOLICITOR MAY BE CONSULTED AND SHALL HAVE AUTHORITY TO TAKE THOSE ACTIONS THAT
ARE DEEMED NECESSARY TO
LAWFULLY PROCESS REQUESTS FOR INFORMATION AND OTHER
MATTERS RELATED TO THIS POLICY
VIII.
POSTING
A. A COPY OF THIS
POLICY SHALL BE CONSPICUOUSLY POSTED AT OR NEAR THE MAIN ENTRANCE TO THE
DEPARTMENT’S FACILITY
THIS
POLICY SHALL RESCIND ALL PAST POLICY OR PROCEDURE RELATED TO THE AVAILABILITY
OF CAMP HILL BOROUGH POLICE DEPARTMENT RECORDS AND INFORMATION
GREGORY
J. AMMONS, CHIEF
CAMP
HILL BOROUGH POLICE DEPARTMENT