RIGHT TO KNOW/OPEN RECORDS REQUESTS

Law Enforcement Related Right-to-Know (RTK) Requests

Only requests for information pursuant to Pennsylvania’s Right-to-Know Law (“RTKL”), 65 P.S. §§ 67.101 et seq about law enforcement matters should be directed to the District Attorney’s Office.

RTK requests for all other types of information are handled by the Open Records Officer for Montgomery County (https://montgomerycountypa.justfoia.com/publicportal/home/newrequest).

Procedure for Submitting RTK Requests

Requests may be submitted in person, by mail, by fax or by email; however, it is recommended that requests be submitted via email to ensure timely receipt and response.

E-mail:           daopenrec@montgomerycountypa.gov 

U.S. Mail:

Brianna L. Ringwood

Deputy District Attorney

Open Records Officer

P.O. Box 311 Norristown, PA

19404-0311

Requests must be submitted using the standard statewide form (https://www.openrecords.pa.gov/Documents/RTKL/RTKRequestForm.pdf). Any request not submitted using the standard statewide form will be considered an informal request and not subject to the RTKL.

Verbal or anonymous requests will not be accepted. Each request must include (1) the name and address of the person making the request and (2) identify or describe the records sought with sufficient specificity to ascertain which records are being requested. 

Fees for RTK Requests

Please note that there may be fees associated with providing requested records. Records will not be provided until applicable fees have been paid. Fee amounts are set in accordance with the standard fee schedule established by the Office of Open Records (https://www.openrecords.pa.gov/RTKL/FeeStructure.cfm). 

Appeals of a RTK Denial

You may appeal a denial within 15 business days of the mailing date of the denial.

Any appeal of a denial, including a denial issued by a police department or law enforcement agency within Montgomery County, that cites the criminal investigative records exception, 65 Pa. C.S. § 67.708(b)(16), should be directed to: 

Robert Falin

Deputy District Attorney

Open Records Appeals Officer

P.O. Box 311

Norristown, PA 19404

The appeal must be in writing and include:

1. a copy of your original Right-to-Know request
2. any extension notice, if applicable
3. a copy of the denial letter 
4. a statement that contains a concise statement of all relevant facts and addresses each of the agency’s reasons for the denial
5. any other all relevant correspondence or documents

Upon properly filing an appeal, the Appeals Officer may:

1. Set a schedule for the requester and the Open Records Officer to submit documents in support of their positions;
2. 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
3. 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.

The determination by the Appeals Officer shall be a final order.  If the Appeals Officer fails to issue a final determination within 30 days, the appeal is deemed denied. 

More information about how to file an appeal under the Right-to-Know Law is available at https://www.montcopa.org/213/Right-to-Know-Act-Requests or the Office of Open Records website (https://www.openrecords.pa.gov).