Requesting Audio/Video Recordings from the Lower Paxton Township Bureau of Police

Overview:

Act 22 of 2017 (specifically, Chapter 67A of the Act) applies to individuals seeking “any audio recording or video recording made by a law enforcement agency.” The Right-to-Know Law does not apply to requests for these recordings.

How to File a Request:

Under Act 22, a request for an audio or video recording in the possession of a law enforcement agency must be made within 60 days of the date the recording was made.

The written request must be submitted to the Agency Open Records Officer (AORO) for the law enforcement agency that possesses the record. The request is not officially received until it is personally delivered to the AORO, or when it is marked “delivered” by certified mail.  The AORO for the Lower Paxton Township Bureau of Police is Cpt. Tim Hicks.

The request must 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 the recording, unless unknown and not reasonably ascertainable.

Under Act 22, the agency may deny the request – in writing – if it determines that a recording contains:

• Potential evidence in a criminal matter; or
• Information pertaining to an investigation or a matter in which a criminal charge has been filed; or
• Confidential information or victim information; and
• The reasonable redaction of the recording would not safeguard potential evidence.

Fee Associated with Granted Requests:

Act 22 permits law enforcement agencies to charge a reasonable fee to provide a copy of an audio recording or video recording. A fee of $100.00 will be charged per granted recording.  The fee is required to be paid before any recording is released.  

How to Appeal a Denied Request:

The requester may appeal within 30 days of the date of denial to the Dauphin County Court of Common Pleas.

The appeal is filed as a Petition for Judicial Review and must include:

• A filing fee of $125;
• A copy of the written request and any written responses; and
• Proof that the AORO was served within five days of the filing of the Petition;
• If the event recorded took place inside a residence, the petitioner must also certify that notice of the petition has been served on each individual present at the time of the recording and on the owner and occupant of the residence, unless that information is unknown and not reasonably ascertainable.

Submitting a Request:

All requests must be either hand-delivered to the Agency Open Records Officer or sent by certified mail, as follows:

Lower Paxton Township Bureau of Police
ATTN: Agency Open Records Officer, Cpt. Tim Hicks
425 Prince St
Harrisburg, PA 17109

The Lower Paxton Township Bureau of Police accepts requests during regular business hours of 8:00 a.m. to 4:00 p.m., Monday through Friday (except holidays).