The Right-To-Know Law Act 3 of 2008

Under this law, the Stroud Area Regional Police Department is required to appoint a Right-to-Know Officer.

The Right to Know Officer for the Stroud Area Regional Police Department is:

Lt. Brian Kimmins. He can be contacted at the Stroud Area Regional Police Department headquarters, by phone at 570-421-6800 or email at bkimmins@sarpd.com.

To view the Right to Know Law Act 3 of 2008: http://openrecords.state.pa.us.

The Standard Right To Know Request form appears below. A copy may be submitted in person to the Stroud Area Regional Police Department Headquarters or emailed to Lt. Brian Kimmins.

The Right To Know Officer (RTK Officer) will:

1. Receive requests submitted to the agency
2. Direct requests to other appropriate persons within the agency or to the appropriate persons in another agency.
3. Track the agency's progress in responding to requests.
4. Issue interim and final responses under this act.

When the RTK Officer receives a request for a public record he/she will:

1. Will ensure that the date of receipt has been stamped on the written request. Email, facsimile and regular mail will be considered a written request. Verbal and anonymous requests will not be accepted.
2. Compute the day on which the five-day response expires and make a notation of that date on the written request.
3. Within five working days, the agency will respond in one of the following three ways by using the appropriate Department RTK documents:
   1. Grant the request and provide the records
   2. Deny the request in whole or in part, cite the reason for the denial and outline the appeals process for the requestor.
   3.  Invoke a 30 calendar-day extension.
4. Within  30 calendar-days, the agency will:
   1. Grant the request and provide the records
   2. Deny the request in whole or in part: cite the reason for the denial and outline the appeals procedure for the requestor.
5. Maintain an electronic or paper copy file that includes the original written request, all documents submitted with the request, a copy of the response to the request and a record of any written communications with the requester until the request has been fulfilled.
6. If the request is denied, this file will be maintained for 30 days.
7. If an appeal is filed, the records will be maintained until a final determination is issued under section 1101(b) or the appeal is deemed denied.

All records in possession of the Stroud Area Regional Police Department shall be presumed to be a public record – unless:

1. The record is exempt under Section 708
2. The record is protected by a privilege
3. The record is exempt under any other federal or state law or judicial order or decree.

The accordance with Section §506, the Stroud Area Regional Police Department may exercise its discretion to make any otherwise exempt record accessible for inspection and copying if all three of the following apply:

a.   disclosure of the record is not prohibited by federal or state law or regulation, judicial order or decree

b.   the record is not protected by a privilege

c.         the agency head determines that the public interest favoring access outweighs any individual, agency or public interest that may favor restriction of access.

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