Pennsylvania Right to Know Act Request
Only requests for information about law-enforcement matters should be directed to the District Attorney’s Office under the Pennsylvania Right to Know Act (Act 3 of 2008). Requests for all other types of information under the Act are handled by the Open Records Officer for Montgomery County.
Public Records Request Procedure
Use this form to request “public” records within the possession, custody or control of the District Attorney’s Office, as defined by Pennsylvania’s Right to Know Act. Verbal or anonymous requests will not be accepted. Each request must identify or describe the records sought with sufficient specificity to ascertain which records are being requested and the name and address to which the DA's Office should respond. Photocopying fees are $.25 per page, and all other fees are set in accordance with the Fee Structure contained within the Pennsylvania Right to Know Act.
Requests can be submitted by e-mail to email@example.com, by fax to 610-278-3910 or mailed to Deputy District Attorney Jesse S. King, Open Records Officer, P.O. Box 311, Norristown, PA 19404-0311.
Appeals from Right to Know Act request denials issued by the District Attorney’s Open Records Officer and appeals from request denials issued by Open Records Officers from any police department or law enforcement agency within Montgomery County, must be directed to the District Attorney’s Office. The Office of the District Attorney has adopted the following rules and procedures concerning Right to Know Act appeals:
1. If a written request is denied by a local police department or law enforcement agency based upon an exception for criminal investigative records, the requester may file an appeal with the Appeals Officer within fifteen (15) business days of the mailing date of the agency’s response or within fifteen (15) business days of a deemed denial.
2. All appeals must be sent to Deputy District Attorney Robert Falin, Open Records Appeals Officer, P.O. Box 311, Norristown, PA 19404.
3. The appeal must be in writing and include the Appellant’s (requester’s) full name, address and telephone number,
4. The appeal must include a concise statement of all relevant facts including, but not limited to:
A. Name, title, address and telephone number of the Agency, and any Agency official alleged to have improperly denied the request under the Act;
B. Description of the records requested;
C. Date of the initial Right-to-Know request;
D. Date of the denial, or date the response was deemed denied;
E. Reason provided by Agency, if any, for denial ;
F. Reason why record should have been provided under Right to Know Act; and
G. Copies of relevant correspondence or other documents.
5. You must submit a copy of your appeal to the Agency that denied your request.
6. Upon properly filing an appeal, the Appeals Officer may:
A. Set a schedule for the requester and the Open Records Officer to submit documents in support of their positions;
B. Review all information filed relating to the request. The Appeals Officer may or may not hold a hearing. A decision to hold or not to hold a hearing is not appealable. The Appeals Officer may admit into evidence testimony, evidence and documents that the appeals officer believes to be reasonably probative and relevant to an issue in dispute. The appeals officer may limit the nature and extent of evidence found to be cumulative; and
C. Issue a final determination on behalf of the Office of the District Attorney, including a written explanation of the reason for the decision, which shall be mailed to the requester and the agency within thirty (30) days of receipt of the appeal.
7. If the Appeals Officer fails to issue a final determination within 30 days, the appeal is deemed denied.
8. The determination by the Appeals Officer shall be a final order.