How to File a Public Records Request in Benner Township, Pennsylvania

What Is the Pennsylvania Right-to-Know Law?

The Pennsylvania Right-to-Know Law (RTKL), codified at 65 P.S. § 67.101 et seq. (Act 3 of 2008), is the Commonwealth's primary public records access statute. It guarantees every person the right to inspect and obtain copies of public records held by state and local government agencies, including townships like Benner Township.

A 'public record' is broadly defined as any information, regardless of physical form, that documents a transaction or activity of an agency and is created, received, or retained pursuant to law or in connection with the agency's business. This includes building permits and zoning decisions, meeting minutes, contracts and purchase orders, emails documenting official business, financial records and budgets, and ordinances and resolutions.

Key exemptions include personnel records (letters of reference, certain employee files), ongoing criminal investigative records, attorney-client privileged communications, records containing Social Security numbers or personal financial data, and homeland security or infrastructure vulnerability information. The RTKL contains 30 enumerated exemptions in Section 708(b).

Critically, the burden of proof is on the agency, not the requester. Under 65 P.S. § 67.708(b)(1), an agency that wants to withhold a record must prove by a preponderance of the evidence that an exemption applies.

Read the full text of the Pennsylvania Right-to-Know Law (65 P.S. §§ 67.101 et seq. (Act of Feb. 14, 2008, P.L. 6, No. 3))

How to File a Public Records Request with the Township of Benner Township

How to Submit Your Request

Benner Township's Right-to-Know requests must be submitted in writing to the Township's Open Records Officer (Township Secretary) at 1224 Buffalo Run Road, Bellefonte, PA 16823. You may submit by mail, in person during office hours, by email to BennerTwp@aol.com, or by fax to (814) 355-0719. The Township has its own request form and policy available on its Right to Know Information page at bennertownship.org/right-to-know-information/. You may also use the Pennsylvania Office of Open Records' standard RTK Request Form, which all agencies are required to accept. Always retain a copy of your request — this document is required if you later file an appeal to the OOR. Address your request to the Open Records Officer and be specific and concise in describing the records you seek.

What to Include in Your Request

• Your full name and mailing address for the response
• A specific and concise description of the records requested (type, date range, subject)
• The format in which you would like to receive the records (paper, electronic, etc.)
• Your preferred method of receiving the records (pickup, mail, email)
• A statement identifying the request as being made under the Pennsylvania Right-to-Know Law
• Your phone number or email address for follow-up questions (optional but helpful)
• A fee threshold — state the maximum dollar amount you authorize before you want to be contacted for approval

Response Deadlines and What to Expect

Under Section 901 of the Pennsylvania Right-to-Know Law (65 P.S. § 67.901), Benner Township must respond to your written request within five business days of the date the Open Records Officer receives it. Weekends and holidays are not counted. The day the request is received does not count as the first business day.

A timely response means the Township must, within those five business days, either: (1) grant the request and provide access to the records; (2) deny the request in writing with a specific legal basis under the RTKL; or (3) issue an interim response invoking a time extension. If the Township fails to respond within five business days, the request is automatically considered a 'deemed denial' under 65 P.S. § 67.901, and you have the right to immediately appeal to the Office of Open Records.

Under Section 902 (65 P.S. § 67.902), the Township may invoke a single 30-calendar-day extension if it needs additional time due to staffing limitations, legal review requirements, fee prepayment issues, or the extent of the request. If the agency needs more than 30 days beyond the initial five-day window, that extension is only valid if you agree to it in writing. Otherwise, the request is deemed denied.

For copying fees, the OOR sets a standard rate (typically $0.25 per black-and-white page). If the estimated cost exceeds $100, the Township may require prepayment before proceeding. No fees may be charged for the agency's review of records to determine whether they are public.

What to Do If Your Request Is Denied or Delayed

If Benner Township denies your request — whether in writing or through a 'deemed denial' (no response within five business days) — you have clear legal options under the Pennsylvania Right-to-Know Law.

The most common reasons for denial include claims that records fall under one of the 30 enumerated exemptions in Section 708(b) (e.g., personal security data, attorney-client privilege, criminal investigative records), that the records do not exist, that the records are not in the Township's custody or control, or that your request lacked sufficient specificity to identify the records sought.

If you believe a denial is improper, you may appeal to the Pennsylvania Office of Open Records (OOR) within 15 business days of the date of the denial letter or deemed denial under 65 P.S. § 67.1101. The OOR provides a free, administrative appeals process that is faster and less expensive than going directly to court. Your appeal must include a copy of your original request and a copy of the denial (or note that no response was received), and must specifically state why you believe each basis for denial is incorrect. A vague statement that 'the agency is wrong' is insufficient and will result in dismissal.

If the OOR rules in the agency's favor, you may seek judicial review in the Commonwealth Court of Pennsylvania under Chapter 13 of the RTKL. A court may award attorney fees and litigation costs if it finds the agency acted willfully or with wanton disregard of your access rights, or that the denial was not based on a reasonable interpretation of law (65 P.S. § 67.1304).

Practically speaking: if your request was vague, try resubmitting with more precise language before appealing. If you received a partial denial, you may appeal as to the withheld portions only. Keep all correspondence — it will be critical if your case escalates.

Steps to Appeal

1. Contact the Benner Township Open Records Officer informally to clarify the reason for the denial or to refine your request if it lacked specificity.
2. If the denial stands or no response was received within five business days (a 'deemed denial'), file a written appeal to the Pennsylvania Office of Open Records (OOR) within 15 business days under 65 P.S. § 67.1101.
3. Your OOR appeal must include: a copy of your original request, a copy of the denial letter (or a statement that no response was received), and a specific explanation of why you believe each ground for denial is incorrect.
4. Submit your appeal to the OOR at 555 Walnut Street, Suite 605, Harrisburg, PA 17101. Note: as of April 20, 2026, the OOR no longer accepts appeals via email; submit by mail or through the OOR's online portal.
5. The OOR will issue a binding Final Determination, typically within 30 days of receiving a complete appeal. If the OOR rules in your favor, the Township must comply.
6. If the OOR's Final Determination is adverse, you may appeal to the Commonwealth Court of Pennsylvania for judicial review under 65 P.S. § 67.1302.
7. If a court reverses the denial and finds the Township acted in bad faith or without a reasonable legal basis, you may seek an award of reasonable attorney fees and litigation costs under 65 P.S. § 67.1304.

Types of Records You Can Request from Benner Township, Pennsylvania

As a Second Class Township in Centre County, Benner Township maintains a wide range of public records related to land use, infrastructure, finances, and governance. The following are common categories of records requesters seek from township governments.

• Board of Supervisors meeting minutes and agendas
• Township ordinances and resolutions
• Zoning and land use permits
• Building and construction permits
• Subdivision and land development applications and approvals
• Township budget and financial statements
• Contracts and agreements with vendors and contractors
• Road maintenance and infrastructure project records
• Township employee compensation and position records (non-exempt portions)
• Tax assessment and collection records
• Township sewage enforcement and environmental records
• Code enforcement complaints and inspection records
• Planning Commission meeting minutes and land use decisions
• Right-of-way and easement records
• Correspondence relating to official Township business

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the Township of Benner Township to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Benner Township