Right to Know FAQs

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Right to Know
What ways can I submit a request?

A request can be submitted using the online form. All requests submitted by mail, email (righttoknow@upperdarby.org) or in person directly must be submitted using the PA Standard Right-to-Know Law Request Form.

When will I get a response?

It takes 5 business days from the date of submission to get an initial response. The Township may take an additional 30 days to complete the request, pursuant to Section 902(a) of the Right to Know Law.

What information is required on the request form on this website?

Your full name, email address, and what information you are requesting is required. The form will also ask you for how you'd like to receive your requested information (e.x. inspecting the records or receiving copies) and some details about your request. 

Where do I send the RTK Request Form after I download and fill it out?

You can submit by:

  • Mail to: Upper Darby Township, 100 Garrett Road – Room 104, Upper Darby, PA 19082-3135. Mailed requests must be enclosed in an envelope and labeled: Right to Know Request. Attention: Open Records Officer.
  • Email to: RightToKnow@upperdarby.org
  • Coming In Person directly to the Upper Darby One Center at 100 Garrett Road.
If I asked for the information to be mailed to me do I have to pay postage?

Yes. You will be charged the fee of the actual postage.

What is considered a public record?

Most records are presumed to be public records, but some of the exceptions to this include:
  • Internal pre-decisional deliberations of administrators, employees, and Board members

  • Draft minutes of meetings

  • Communication with insurance carriers

  • Communication with Township Solicitor or other attorneys

  • Records which, if disclosed, would:

    • Result in loss of Federal or State funds

    • Lead to the physical harm or personal security of a person

    • Jeopardize safety of the public, a building, infrastructure, information storage system or resource

  • Records identifying the name, home address, or birth date of a child (17 years or younger)

  • Records identifying an individual's personal health information, applications for social services or confidential information such as social security number, driver’s license, financial information or personal contact information

  • Records of employee’s:

    • Reference letters or criticisms

    • Employment applications (if not hired)

    • Employee assistance program information

    • Grievances and complaints of discrimination

    • Discipline, demotion and discharge (except for final action of discharge or demotion)

  • Certain records relating to criminal and non-criminal investigations

  • Transcripts or exhibits of arbitration hearings

  • Drafts of policies, resolutions, ordinances, or administrative regulations

  • Trade secrets or confidential proprietary information

  • Personal notes and working papers of an individual

  • Other records may be exempted by legislation or case law

Where can I find out more information about the Right to Know Law?

The primary place we would recommend is the Pennsylvania Office of Open Records website.

How do I file an appeal?

Just as it says on the Pennsylvania Office of Open Records How to File an Appeal web page:

To file an appeal under the Right-to-Know law, a citizen must provide the following:

  • A copy of the RTK request
  • A copy of the Agency’s response (or a written statement that the request was deemed denied meaning the Agency didn’t respond at all).
  • State the grounds they assert this is a public record
  • Address any ground stated by the agency

You must provide this within 15 business days from the date that the Agency [Upper Darby Township] mailed to you a denial letter or the date that the request was “deemed denied.” When an agency does not respond to you in writing with five business days of your written RTK request that request is “deemed denied.” If an agency did not respond, please indicate this in writing.

You must provide the required information no later than the 15th business day or your appeal will be untimely under the law and therefore cannot be processed. If that time frame has expired, or will expire, before you provide to us the required information, you will have to file another RTK request with the Agency.

When we receive your completed file, we will assign a docket number, send you a an acknowledgment letter and assign an Appeals Officer to process your appeal.

Appeals should be sent to the Office of Open Records, Commonwealth Keystone Building, 400 North St., 4th Floor, Harrisburg, PA 17120-0225. They may also be submitted via facsimile to 717-425-5343 or via email.

Why might my request be denied?

Your request could be denied for the following reasons:

  • It requires the redaction of a public record

  • It requires the retrieval of documents stored in a remote location

  • The documents can not be retrieved due to flood, fire or other disaster

  • If the document is historical or rare and the document may be damaged

  • A timely response can not be accomplished due to staff limitations

  • It would require a legal review about whether the request falls within the Right to Know law

  • The person requesting the records has not followed policies

  • The person requesting the records will not pay the fees

If your request is denied you can choose to file an appeal.

Are there any fees?

If you ask for hard copies of a report that exists electronically, it costs $.25 per page to print and $.43 per page of any Greenbar reports. If you ask for the hard copies to be mailed to you, you must pay the postage as well. If information is only available through hard copies, you will be charged accordingly.