Open Record Request for other than Audio Recording or Video Recording:
Open Records Act
As of January 01, 2009 the Kutztown Borough Police Department will comply with the new Open Records Act. This act does provide various restrictions when it deals with complaints relating to Criminal Investigations. Listed below are the forms, documents, other various materials, and records protected under the Criminal Investigation exception. Please read each of the exceptions carefully prior to filing a Uniform Right to Know Form.
Please read each of the exceptions carefully prior to filing a Uniform Right to Know Form (PDF).
Open Records Officer: Gabriel Khalife
Address:
Borough of Kutztown
45 Railroad Street
Kutztown, PA 19530
Phone: (610) 683-6131
e-mail: gkhalife@kutztownboro.org
Who May Request
Requester is defined as a person that is a legal resident of the United States and the term includes an agency.
CRIMINAL INVESTIGATION EXCEPTION (PROTECTED INFORMATION)
16) A record of an agency relating to or resulting in a criminal investigation, including:
i. Complaints of potential criminal conduct other then a private criminal complaint.
ii. Investigative materials, notes, correspondence, videos and reports
iii. A record that includes the identity of a confidential source or the identity of a suspect who has not been charged with an offense to whom confidentiality has been promised.
iv. A record that includes information made confidential by law or court order.
v. Victim information, including any information that would jeopardize the safety of the victim.
vi. A record that, if disclosed, would do any of the following:
A. Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges.
B. Deprive a person of the right to a fair trial or an impartial adjudication.
C. Impair the ability to locate a defendant or codefendant.
D. Hinder an agency’s ability to secure an arrest, prosecution or conviction.
E. Endanger the life or physical safety of an individual.
F. This paragraph shall not apply to information contained in a police blotter as defined in 18 Pa. C.S. 9102(relating to definitions) and utilized or maintained by the Pennsylvania State Police, local, campus, transit or port police department or other law enforcement agency or in a traffic report except as provided under 75 Pa. C.S. 3754(b) (relating to accident prevention investigations).
ADDITIONAL EXCEPTIONS
- CHRIA
- Juvenile Act
- Deliberative Process Medical or psychiatric history
- Personal identifiers-SSN#, drivers license, phone number, personal e-mail
- Autopsy Reports
- Informer’s Privilege
- PFA Act Sexual Assault Privilege
Note: If you believe the information you are requesting is not part of the Criminal Investigation exception, then please contact the Open Records Officer listed above for instructions on any Uniform Right to Know Requests.
Right To Know Request Form (PDF)
Open Record Request for Audio Recording or Video Recording from the Kutztown Borough Police Department:
The Department hereby designates the Boroughs “Open Records Officer” to address public/media access requests under 42 Pa. Cons. Stat Ann. Chapter 67A for any audio recordings or video recordings.
- An individual who requests an audio recording or video recording made by the Kutztown Borough Police Department shall, within 60 days of the date when the audio recording or video recording was made, serve a written request to the Boroughs “Open Records Officer”
- Service is effective upon receipt of the written request by the Open Records Officer from personal delivery or certified mail with proof of service.
- The “Requester” shall comply with all the requirements set forth in 42 Pa. Cons. Stat Ann. Chapter 67A03.
- The “Open Records Officer” that receives a request under 67A03 for an audio recording or video recording shall provide the audio recording or video recording or identify in writing the basis for the denying the request within 30 days of receiving the request.
- Denials by operation of law. The request under section 67A03 shall be deemed denied by operation of law if the law enforcement agency does not provide the audio recording or video recording to the requester or explain why the request is denied within the time period specified.
Please review The PA Judicial Code Title 42 Pa. Cons. Stat Ann. Chapter 67A which is attached below prior to submitting any Right To Know Request Form to the Open Records Officer.
Judicial Code (42 PA.C.S.) Amendments Act of July 7, 2017, P.L. 304, No. 22 (External Link)
Right To Know Request Form (PDF)
Open Records Officer:
Gabriel Khalife
Borough of Kutztown
45 Railroad Street
Kutztown, PA 19530
Phone: (610) 683-6131
Email: gkhalife@kutztownboro.org
