REQUEST FOR AUDIO/VIDEO RECORDINGS

Overview

Act 22 of 2017 established a new process for individuals seeking “any audio recording or video recording made by a law enforcement agency.” The Right-to-Know Law does not apply to requests for these recordings.

How to File a Request

All requests for audio and/or video recordings made by the Palmyra Police Department shall be made in writing to the  Agency Open Records Officer.  The request must include the following:

• The date, time and location of the event recorded;
• A statement describing the requester’s relationship to the event recorded; and
• If the recorded incident took place inside a residence, the request must also identify every person present at the time of the recording, unless unknown and not reasonably ascertainable.

Once a request is filed, the agency has 30 days to respond, although the requester and agency can agree to an extension.

Under Act 22, the agency may deny the request-in writing- if it determines that a recording contains:

• Potential evidence in a criminal matter; or
• Information pertaining to an investigation or a matter in which a criminal charge has been filed;
• Confidential information or victim information; and
• The reasonable redaction of the recording would not safeguard potential evidence.

Fees Associated with Granted Requests

Act 22 permits law enforcement agencies to charge a reasonable fee to provide a copy of an audio recording or video recording. The Palmyra Police Department has established a fee of $200 for each granted audio recording or video recording. If multiple audio and/or video recordings are requested a $200 fee will be charged for each recording.

How to Appeal a Denied Request

When a request is denied, the requester may appeal within 30 days of the date of denial to the Court of Common Pleas with jurisdiction over the matter (i.e., the court in the county where the recorded event took place).

This appeal is filed as a Petition for Judicial Review and must include:

• A filing fee of $125
• A copy of the written request and any written responses; and
• Proof that the Open Records Officer was served within five days of filing of the petition.

Submitting a Request

If you would like to make a request for a copy of a recording, complete the required Act 22 Request Form (available below). Once the form is completed, your request should then be either hand-delivered to the Agency Open Records Officer or sent by certified mail, as follows:

Palmyra Borough Police Department

Attention: Right to Know Officer

325 South Railroad St

Palmyra, PA 17078

Requests are accepted during regular business hours of 8:00 a.m. to 4:30 p.m., Monday through Friday (except holidays and official office closings).