How to File a Public Records Request in South Middleton 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. and enacted on February 14, 2008 (effective January 1, 2009), guarantees every legal U.S. resident the right to inspect and copy records held by state and local government agencies, including townships such as South Middleton. The RTKL reversed Pennsylvania's prior legal presumption: under the current law, all agency records are presumed public, and the burden falls on the government — not the requester — to justify any withholding.

Public records include a broad range of documents: meeting minutes, budgets, contracts, permits, zoning applications, ordinances, employee salary information, emails related to government functions, and inspection reports, among others. The law does not require requesters to explain why they want records or how they plan to use them.

Key exemptions under Section 708 of the RTKL include personal security information, Social Security numbers, confidential law enforcement investigative records, attorney-client privileged communications, trade secrets, and records protected by state or federal statute or court order. When a record contains both public and exempt material, the agency must redact the exempt portions and release the rest.

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 South Middleton Township

How to Submit Your Request

South Middleton Township requires that a completed request form be submitted prior to the release of any records. The township's Public Record Request page is available at smiddleton.com/2166/Public-Record-Request. You may use either the township's own form or the Pennsylvania Office of Open Records standard RTKL Request Form (available at openrecords.pa.gov). Requests may be submitted in person at the Township Building at 520 Park Drive during office hours, by mail to the same address, by fax to (717) 258-3577, or by other written means addressed to the Right To Know Officer. Always retain a copy of your submitted request — it is required if you need to file an appeal. Fees may apply per Township Resolution No. 09-01 and the OOR's Official Fee Schedule.

Download Required Form

What to Include in Your Request

• Your full name and mailing address (required for the agency to send its response)
• A clear and specific description of the records you are seeking, with enough detail for the township to identify them
• Your preferred format for receiving records (paper copies, electronic/PDF, inspection in person)
• The time period or date range the records should cover
• Your preferred method of delivery (pick up, mail, email)
• A statement of your fee threshold — e.g., notify you before charges exceed a specified amount
• Your signature, date, and contact phone number or email

Response Deadlines and What to Expect

Under Section 901 of the Pennsylvania Right-to-Know Law (65 P.S. § 67.901), South Middleton Township must respond to your written request within five business days of the date it is received. A 'response' under the RTKL means a written notice granting access, denying access, partially granting and partially denying access, or invoking an extension of time — not necessarily the delivery of records themselves.

If the township needs more time, it may invoke a 30-calendar-day extension under Section 902 of the RTKL. The agency must notify you in writing of the extension and provide a reason. If the township fails to respond in writing within five business days and does not invoke an extension, the request is automatically treated as 'deemed denied,' which means you can immediately file an appeal with the Pennsylvania Office of Open Records.

Fees for paper copies are set by the OOR's Official Fee Schedule: up to $0.25 per page for black-and-white standard copies, with reduced rates for large volumes. No fee may be charged for searching, retrieving, or reviewing records. Electronic records provided in an existing digital format are generally provided at no copying charge. If estimated fees exceed $100, the township may require prepayment before processing the request. Actual postage costs may also be charged. All fees may be waived at the township's discretion.

What to Do If Your Request Is Denied or Delayed

A denial from South Middleton Township — whether written or 'deemed' (no response within five business days) — is not the end of the road. Pennsylvania's Right-to-Know Law provides a clear, free, and relatively fast pathway to appeal.

Common reasons agencies deny requests include claims that records are exempt under Section 708 of the RTKL (such as personal privacy, confidential law enforcement records, or attorney-client privilege), that the records do not exist, or that the request is too broadly worded to identify specific records. If the township claims records don't exist, it is entitled to submit an affidavit to that effect; however, you can challenge that claim on appeal if you have reason to believe otherwise.

If your request is denied, you have 15 business days from the mailing date of the denial letter (or from the date of a deemed denial) to file an appeal with the Pennsylvania Office of Open Records (OOR). The appeal must be in writing and include a copy of your original request, a copy of the denial letter (if any), and a statement explaining why you believe the records are public. The OOR must issue a final determination within 30 days of receiving the appeal.

If the OOR rules against you, or if you are challenging a judicial or legislative agency, you may seek judicial review in Commonwealth Court or the appropriate court of common pleas. Under 65 P.S. § 67.1304, a court may award attorney fees and costs if it finds the agency acted in bad faith, with willful and wanton disregard of your access rights, or based its denial on an unreasonable interpretation of the law.

Steps to Appeal

1. Review the denial letter carefully and note the specific reasons and statutory citations given for withholding records.
2. Contact the South Middleton Township Right To Know Officer informally to clarify the scope of the request or resolve any misunderstanding about which records exist.
3. If informal resolution fails, prepare your appeal in writing. Include: (1) a copy of your original request, (2) a copy of the denial letter or evidence of a deemed denial, and (3) a statement explaining why you believe the records are public.
4. File your appeal with the Pennsylvania Office of Open Records within 15 business days of the mailing date of the denial (or within 15 business days of a deemed denial). Appeals may be submitted by mail to OOR at 333 Market Street, 16th Floor, Harrisburg, PA 17120; by fax to (717) 425-5343; or electronically via the OOR's website at openrecords.pa.gov.
5. The OOR will assign an appeals officer who will review the record and issue a final determination within 30 days. The agency bears the burden of proving the withheld records are not public.
6. If the OOR issues a final determination against you, or if the agency fails to comply with an OOR order, you may appeal to Commonwealth Court (for state agencies) or the appropriate court of common pleas (for local agencies like South Middleton Township).
7. If a court reverses a denial and finds that the agency acted in bad faith or with willful and wanton disregard of your access rights, or that its denial was not based on a reasonable interpretation of law, the court may award you attorney fees and costs under 65 P.S. § 67.1304.

Types of Records You Can Request from South Middleton Township, Pennsylvania

South Middleton Township generates and maintains a wide range of public records in the course of governing a second-class township under Pennsylvania's Second Class Township Code. The following are commonly requested categories of records.

• Board of Supervisors meeting minutes, agendas, and resolutions
• Township budgets, financial statements, and audit reports
• Contracts and agreements with vendors, contractors, and service providers
• Zoning and building permits, applications, and inspection reports
• Planning Commission meeting minutes and land development applications
• Township ordinances and resolutions, including Resolution No. 09-01 (fee schedule)
• Employee salary records, compensation, and staffing information
• Public works maintenance records, road repair logs, and bridge inspection reports
• Correspondence and emails related to official township business
• Environmental compliance records and MS4 (stormwater) reports
• Code enforcement notices and violation records
• Real property tax assessment records and tax collection data
• Bid documents, proposals, and award records for public projects
• Police service records (non-exempt portions) and incident logs
• Easements, deeds, and right-of-way agreements

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

Tips for Effective Public Records Requests in South Middleton Township