Policy documents

Josh Chamberlain filed this request with the Collier Township Police Department of Pennsylvania.
Submitted Aug. 12, 2024
Due Aug. 19, 2024
Est. Completion None
Status
Awaiting Response

From: Josh Chamberlain

Subject: Pennsylvania Right to Know Act Request: Policy documents

Email

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Any policy manual, employee procedure manual, or folder of collected policies which guide police operations. This may be one document with many policies, or all policies collected.

The original format of the documents is acceptable (PDF, .doc, .txt, etc).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Josh Chamberlain

From:

Subject: Right To Know Request

Email

Mr. Chamberlain,

Your request as submitted below for "any policy manual, employee procedure manual, or folder of collected policies which guide police operations. This may be one document with many policies, or all policies collected" is denied for proprietary reasons.

Sincerely,

George E. Macino

Township Manager

Office-412-279-2525 Ext. 110

Email-gmacino@colliertwp.net

On Aug. 12, 2024:
Subject: Pennsylvania Right to Know Act Request: Policy documents
To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Any policy manual, employee procedure manual, or folder of collected policies which guide police operations. This may be one document with many policies, or all policies collected.

The original format of the documents is acceptable (PDF, .doc, .txt, etc).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Josh Chamberlain

From: Josh Chamberlain

Subject: RE: Pennsylvania Right to Know Act Request: Policy documents

Email

Dear Mr. Macino,

Thank you for your response. "proprietary reasons" on its own is not a sufficient explanation for denial. Typically this includes reference to a section of the right to know law. For reference, here is the statute: https://www.openrecords.pa.gov/Documents/RTKL/PA_Right-To-Know_Law.pdf?pdft=20220418

Section 903. Denial.
If an agency's response is a denial of a written request for access, whether in whole or in part, the
denial shall be issued in writing and shall include:
(1) A description of the record requested.
(2) The specific reasons for the denial, including a citation of supporting legal authority.
(3) The typed or printed name, title, business address, business telephone number and
signature of the open-records officer on whose authority the denial is issued.
(4) Date of the response.
(5) The procedure to appeal the denial of access under this act.

Thank you,
Josh Chamberlain

From: Collier Township Police Department

Subject: RE: Pennsylvania Right to Know Act Request: Policy documents

Email

Mr. Chamberlain,
My apologies for omitting the section for the denial. We cite section 708 (b) (2) of the Right To Know Law; as if disclosed, would reasonably jeopardize or threaten public safety.
Sincerely,

George E. Macino
Township Manager
Office-412-279-2525 Ext. 110
Direct-412-429-6808
Email-gmacino@colliertwp.net

From: Josh Chamberlain

Subject: RE: Pennsylvania Right to Know Act Request: Policy documents

Email

Mr. Macino,

Understood. I would believe some parts of the policy manual could contain sensitive information and be excepted or redacted, but not the entire thing. What is the process for appealing the denial?

I will note that many departments have shared policies in the past, though they may have redacted specific policies related to something like computer security. For example, Pittsburgh's are public (https://pittsburghpa.gov/police/manual-procedural-orders). Several other local agencies have shared procedural manuals and contracts with us, with some sections redacted.

Thank you,
Josh Chamberlain