Right-to-Know / Public Information

In accordance with Pennsylvania's Right-to-Know Law (PDF) and its accompanying amendments, attached is the Town's resolution relative to this matter, the Town's Public Records Policy, and the Right-to-Know request form. 

A written request (PDF) for access to a public record shall be submitted in writing and addressed to the Town’s Open Records Officer. Public Information Officer John Bojarski is the Town's Open Records Officer. Written requests may be submitted to the Town in-person, by mail, by fax, and by email.

  • In-person/by mail: Town of McCandless, Attention: Right-to-Know, 9955 Grubbs Road, Wexford, PA 15090
  • Email John Bojarski
  • Fax: 412-364-5066 

The Town has 5 business days from the date the Open Records Officer receives the request to issue an initial response (granting the request, denying the request or invoking an extension to issue a final response). If the Town needs additional time to respond, it may take up to an additional 30 calendar days to provide the records or issue a final response. A denial of records may be appealed within 15 business days of the mailing date of the denial or partial denial. For more information, go to the state Office of Open Records Citizen's Guide. 

Some useful Right to Know tips and FAQs

I am seeking a police report

A very common Right to Know request the Town receives is for police reports. These requests almost always are outright denied or are granted with heavy redactions.

Why?

One of the big exemptions in Pennsylvania's Right to Know Law involves “… investigative materials, notes, correspondence videos and reports” as well as records that “Reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges.” This goes for both criminal (which is most police reports) and noncriminal investigative materials (which includes things such as code enforcement complaints and investigations). 

Some types of records can be released (depending on circumstances) if they are exempt from release by the Right to Know Law. However, in the case of police reports, agencies are further prevented from doing so by the state's Criminal History Records Information Act (CHRIA), which states that “information assembled as a result of the performance of any inquiry, formal or informal, into a criminal incident or an allegation of criminal wrongdoing and may include modus operandi information … shall not be disseminated to any department, agency or individual unless the potential recipient is a criminal justice agency which requests the information in connection with its duties.”

Additionally, the personal identification information (names, addresses, phone numbers, social security numbers) that is contained in these reports are exempt from release under the Right to Know law.

So ...

The information in police incident reports this is eligible for release under the Right to Know Law is what commonly is called "blotter" information (incident date, number, time of dispatch, time the incident was cleared, etc.).

Since these reports contain information that is both public and nonpublic, the report can be released with any non-public information separated or redacted from the record (permissible under Section 706 of the state’s Right to Know Law).

Are any records available without having to file a request?

Some commonly requested records actually are readily available online on the Town's website, including:

I am seeking a police recording (Act 22)

Recordings made by law enforcement agencies can be public records, but they are public under PA Act 22 of 2017 (and not under the state’s Right to Know Law).

Under Act 22, an individual who requests an audio recording or video recording made by a law enforcement agency shall, within 60 days of the date when the audio recording or video recording was made, serve a written request to agencies open records officer. Such requests must also include:

  • 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 recording, unless unknown and not reasonably ascertainable.

Act 22 requires requests to be submitted via “personal delivery or certified mail.”

A statewide Act 22 request form is available online.

Other recordings not made by officers

Other recordings that might be part of police investigations (such as security footage or recordings made by people other than law enforcement officials) are not subject to Act 22. However, they would be considered “investigative materials” (which are exempt from public disclosure under both the state’s Right to Know Law as well as the state’s Criminal History Records Information Act).

I have questions about the Right to Know law

The absolute best source for questions regarding the Right to Know law is the state's Open Records Office (which is the quasi-judicial, independent agency that implements and enforces the Right to Know law). The office has a full FAQ section on its website, as well as a Citizen's Guide to the law.