Directive 8.14 Right to know,

Question 1

According to Directive 8.14 Right to know, Effective January 1, 2009, the City of Philadelphia adopted a policy to comply with the Commonwealth’s Act 3 of 2008, 65 P.S. §§ 67.101 et seq., commonly known as

Answer 1

“Right to Know Law.” Members of the public have a right to request, inspect and/or copy such records upon request with certain exceptions

Question 2

According to Directive 8.14 Right to know, The law further requires that the department post the following at department facilities and on the website:

Answer 2

PLEAC 4.11.1c

Question 3

According to Directive 8.14 Right to know, Contact information for the open-records officer (who must be designated by the department.

Answer 3

PLEAC 4.11.1b

Question 4

According to Directive 8.14 Right to know, Contact information for the Office of Open Records or other applicable appeals officer such as the District Attorney for investigative records.

Answer 4

PLEAC 4.11.1c2

Question 5

According to Directive 8.14 Right to know, A form which may be used to file a request

Answer 5

PLEAC 4.11.1c3)

Question 6

According to Directive 8.14 Right to know, Regulations, policies and procedures of the agency relating to this act.

Answer 6

PLEAC 4.11.1c4)

Question 7

According to Directive 8.14 Right to know, the City has required that all Right to Know Requests to be submitted on or with the standard statewide Right to Know form attached to the end of this Directive. All other requests will be processed as informal requests. this when into effect ?

Answer 7

Effective February 1, 2012,

Question 8

According to Directive 8.14 Right to know, There shall be no limitation on the number of records requested or _______?

Answer 8

made available for inspection or duplication; and/or requirement to disclose the purpose or motive in requesting access to records. (PLEAC 4.11.1d)

Question 9

According to Directive 8.14 Right to know, All requests for public records of the Philadelphia Police Department pursuant to the
Right-To-Know Law must be __________?

Answer 9

non-anonymous . Each written request shall be submitted in person, by mail, by facsimile or by e-mail. The Law does not require that the City of
Philadelphia act upon anonymous requests

Question 10

According to Directive 8.14 Right to know, To qualify as a written request under the Right to Know Law, the request must be directed to the appropriate Open Records Officer, be submitted on or with the standard statewide form and contain, at a minimum, the following information:

Answer 10

1. The requester’s name;
2. The requester’s address;
3. The records being sought, identified or described with sufficient specificity to allow the Philadelphia Police Department to ascertain which records are being requested

Question 11

All written requests should be addressed as follows:

Answer 11

The Right-To-Know Officer
Philadelphia Police Department
400 Broad st, 
Philadelphia, PA 19106-1587
E-mail: Police.RightToKnow@phila.gov
FAX: (215) 686-1183

Question 12

Philadelphia Police Department does not currently maintain, format, or

Answer 12

organize the record.

Question 13

The Police Department is not expected to provide extraordinary staff or staff time to respond to requests, but will respond in a manner consistent with Department administrative responsibilities and requirements of ________

Answer 13

the Pennsylvania Right to Know Law

Question 14

The designated Open Records Officer shall make a good faith effort to determine if the record(s) requested is a public record and respond to the requester within

Answer 14

five (5) business days from the date of receipt of the written request. The response must either be a final or interim response to the requester. If the Open Records Officer fails to respond within this (5) day time period, the request is deemed denied.

Question 15

According to Directive 8.14 Right to know The initial response may be one of the following:

Answer 15

a. The request is approved, and making arrangements to provide access promptly;
b. A final response cannot be provided within five (5) business days for the stated reasons; or
c. The request is denied.

Question 16

Additionally, should the Department need more time than _____________? the to process the request, the requester must approve of this extension in writing or the request is deemed denied

Answer 16

maximum (30) days

Question 17

The Police Department’s final response may be one of the following:

Answer 17

1. Grant the request;
2. Deny the request;
3. Grant the request in part and deny the request in part; or
4. Grant the request and redact part of the information provided pursuant to the Law and/or other applicable federal, state and local law.

Question 18

If a request for access to a record is denied (whole or part) or deemed denied, the requester may file an appeal within______?

Answer 18

(15) business days of the mailing date of the denial.

Question 19

There are two types of appeals:

Answer 19

a. Criminal Investigative Records- These appeals are directed to the Philadelphia District Attorney’s Office.
Address:
District Attorney’s Office
Civil Litigation Unit
Open Records Appeals Officer
Three South Penn Square
Philadelphia, PA 19107-3499

b. Non-Criminal Investigative Records- These appeals are directed to the Pennsylvania Office of Open Records.
Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120-0225

Question 20

The Appeals Officer shall make the final determination which shall be mailed to the requester and the City of Philadelphia within _____?

Answer 20

(30) thirty days

Question 21

The City of Philadelphia may impose reasonable additional fees for:

Answer 21

a. Enhanced electronic access

b. Certified copies

Question 22

Public Record-

Answer 22

Any document that satisfies the general definition of “public record” set forth in the Law and does not fall within any of the exceptions set forth therein, as the definition and exceptions are amended from time to time.

Question 23

Open Records Officer-

Answer 23

Any official or employee of the City of Philadelphia who is officially assigned responsibility for receiving, tracking, and responding to requests for information under the Right to Know Law.

Question 24

Requester-

Answer 24

A person who requests a record under the Right to Know Law.

Question 25

State Office of Open Records-

Answer 25

Responsible for issuing advisory opinions, training agencies and public employees, assigning appeals officers to review decisions and conducting a biannual review of fees allowed under the Law.