Right to Know / Open Records

Under the Pennsylvania Right to Know Law, any resident of the United States may request records from Middle Smithfield Township. This request must be made in writing on a form provided by the Township and shall include the date of the request, the name and address of the requester, and a clear description of the records sought including PIN # and Property Address if applicable. 

The request can be submitted by mail, email, fax or in person. Requests must be directed to the Township Open Records Officer. All state regulations, policies and procedures regarding Pennsylvania's Right to Know Law can be found on the Office of Open Records website. This Law took effect on January 1, 2009.

Open Records Requests must seek records, not ask questions. Requestors are not required to explain why the records are sought or the intended use of the records unless otherwise required by law.

Submitting Requests

Requests must be submitted in writing to the Township’s Open Records Officer using the Township’s request form or the Pennsylvania Office of Open Records’ Standard Right-to-Know Request Form.  If a requester fails to use the Township’s request form or the Pennsylvania Office of Open Records’ Standard Right-to-Know Request Form, the request will be considered an informal request and shall not be subject to the Right-to-Know Law.  A requester shall describe the records being requested with sufficient specificity in accordance with the Right-to-Know Law.  Anonymous or verbal requests will not be considered.

Accepted request forms:

Written requests using one of the accepted request forms may be submitted in person, by fax, by mail, or by email to the Township as follows:

In person, or US Mail:

Attention: Open Records Officer
Middle Smithfield Township
147 Municipal Drive
East Stroudsburg, PA 18302

Office hours: Monday to Friday 8 AM to 4 PM, except holidays

By fax or email:

Fax: 570-445-3720
Email Christopher Rain

If a requester fails to use the Township’s request form or the Pennsylvania Office of Open Records’ Standard Right-to-Know Request Form, the request will be considered an informal request and shall not be subject to the Right-to-Know Law.  Anonymous or verbal requests will not be considered.

More information is available at the Office of Open Records website.

After Request is Submitted

Upon receipt of a written request for a public record, the Township shall make a good faith effort to respond as promptly as possible under the circumstances existing at the time of the request.  The response should not exceed five (5) business days from the date of the written request unless the Township exercises its right to a time extension as set forth in the Right-to-Know Law.  The Township may exercise its right to a 30-day time extension pursuant to the Right-to-Know Law by notifying the requester in writing.

Please note that this time frame begins once your request is received by the Open Records Officer, not on the date it was submitted by the requestor, nor the date it may have been received by other Township personnel. For example, if the request is submitted after the close of regular business, the request is considered received on the next business day in which the Open Records Officer is in the office. The date your request is received by the Open Records Officer is Day 0.

If a response is not provided within the initial five-day period and/or the 30-day time extension, the request shall be deemed denied unless an additional time extension is agreed to by the requester in writing.

After review of your request is complete, your request may be granted, denied, or partially granted and denied. If your request is granted, or partially granted, you will receive a letter from the Open Records Officer along with copies of your requested records, or instructions on how to receive your records. You may need to pay a duplication fee for printed copies.

Fees

The fees associated with and charged for requests shall be consistent with the Right-to-Know Law Fee Structure available on the Office of Open Records website; In particular, paper copies shall be $0.25 per page per side for black and white copies up to the first 1,000 pages, $0.20 per page for black and white copies above 1,000 pages, and $0.50 per page for color copies.  The certification of a record shall be an additional $5.00 per record. Specialized documents, including but not limited to blueprints, other media, and nonstandard-sized documents, shall be charged the actual cost of production.  If mailing is required, the cost of postage will be charged.  All fees must be paid before any documents are released.  Prepayment is required if the total fees are estimated to exceed $100.00.  

Any and all of the above-referenced fees associated with requests under the Right-to-Know Law may be amended from time to time by way of the Township’s annual fee schedule resolution.

Record Denial

The Township may deny a requester access to a record for several reasons. The most common reason for a denial is because the requested record(s) are not in the possession of the Township. If your request is denied, or partially denied, you will receive a letter from the Open Records Officer stating the reason for the denial. For more information about the Pennsylvania Right to Know Law, including other reasons for request denials, please visit the Office of Open Records website.

The Township may also deny a request if the requester has made repeated requests for that same record and the repeated requests place an unreasonable burden on the Township. A denial under this subsection shall not restrict the ability to request a different record.

If the request is denied, the following will be included with the written denial:

  1. Description of the record requested;
  2. Specific reasons for the denial, including a citation of supporting legal authority;
  3. Typed or printed name, title, business address, business telephone number and signature of the open records officer on whose authority the denial was issued;
  4. Date of response; and
  5. The procedure to appeal the denial.

Appeals & Inquiries

If the request is denied or deemed denied, the requester may file an appeal with the Pennsylvania Office of Open Records or judicial, legislative or other appeals officer designated under the Right-to-Know Law within fifteen (15) business days of the mailing date of the Township’s response or deemed denial.  The appeal shall proceed in accordance with the Right-to-Know Law at 65 P.S. §§ 67.1101 and 67.1102.  The appeal shall state the grounds upon which the requester asserts that the record is a public record and shall address any grounds stated by the Township for denying or delaying the request.  Those requesters intending to file an appeal should visit the Pennsylvania Office of Open Records website at www.openrecords.pa.gov for additional information on filing an appeal.  Contract information for the Pennsylvania Office of Open Records is listed below.

Office of Open Records
555 Walnut Street, Suite 605
Harrisburg, PA 17101
Telephone: 717-346-9903
Email Open Records
Website