Right to Know Application

Right to Know Resolution (Adopted July 16th, 2025)

From the Memorandum For Agenda Items (Dated July 8th, 2025 and Presented to the BOC on July 16th, 2025):

It is the recommendation of the Township administration to establish a revised and consolidated Right-to-Know Law Policy for South Whitehall Township in compliance with Pennsylvania’s Right-to-Know Law (65 P.S. §§ 67.101-67.3104) (RTKL).

For reference, below is a summary of the previous Resolutions that were adopted by the South Whitehall Township governing body in order to ensure compliance with Pennsylvania’s Right-to-Know Law:

• Resolution No. 2002-49 (Adopted December 18, 2002): This resolution implemented a formal policy for public access to records under the then-existing Right-to-Know Law, outlining procedures for requests, responses, and record redactions.
• Resolution No. 2008-67 (Adopted December 17, 2008): Following the enactment of Act 3 of 2008 (the current Pennsylvania RTKL), the Township designated an Open Records Officer, and adopted a comprehensive RTKL policy. This policy defined detailed response procedures, exemptions, appeal processes, and fee structures in accordance with Act 3 of 2008.
• Resolution No. 2009-27 (Adopted March 4, 2009): Amended the fee schedule established in Resolution 2002-49 to reflect the Commonwealth of Pennsylvania's recommended rates for reproduction, certification, and transmission of records.
• Resolution No. 2016-39 (Adopted May 18, 2016): Designated the Chief of Police or their designee as the Open Records Officer for the South Whitehall Township Police Department.

The proposed policy consolidates and updates the Township’s Right-to-Know practices, summarized as follows:

1. Policy Consolidation: This new resolution repeals and replaces Resolutions 2008-67 and 2009-27, which were adopted in accordance with the current RTKL, in their entirety, thereby unifying the administration of the RTKL.
MEMORANDUM FOR
AGENDA ITEMS
2. Designation of Open Records Officers: It reaffirms the Township Manager as the Open Records Officer for general Township records and the Chief of Police for Police Department records, consistent with the 2016 designation.
3. Updated Fee Structure: Aligns all fees with current standards and introduces clearer provisions regarding prepayment thresholds, electronic record duplication, and costs for specialized documents.
4. Clarified Procedures: Enhances the clarity of submission procedures, appeal rights, and timelines, while reinforcing transparency and responsiveness under the RTKL.
5. Digital Access: Establishes that no fee shall be charged for access to pre-existing digital records unless duplication costs are incurred.

Action Requested:

Adoption, by motion of the following Resolution:

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SOUTH WHITEHALL, LEHIGH COUNTY, COMMONWEALTH OF PENNSYLVANIA, ADOPTING A REVISED RIGHT-TO-KNOW LAW POLICY

Note: This resolution was adopted by the South Whitehall Township Board of Commissioners on July 16th, 2025. The link to the document may be found at the top of this page.