If Colonial Regional Police Department denies a record, or a portion of a record, the requester can file an appeal with the Office of the Northampton County District Attorney.

           The appeal must be submitted to the Office of the Northampton County District Attorney within 15 business days of the mailing date of Colonial Regional Police Department's response. Appeals should be sent to the Office of the Northampton County District Attorney, Open Records Office, 669 Washington Street, Easton, PA  18042. 

All appeals must be in writing and shall include the following information that may be submitted using the Appeals Form.  Click on the box below to print the form.

a.  The Complainant’s (requester’s) full name, address, telephone and fax number; and

b.  A concise statement of relevant facts including, but not limited to:

1.  The name, title, address, telephone and fax numbers, if known, of the Agency and any Agency official alleged to have denied the requester a right conferred by the RTK;

2.  A description of the records requested;

3.  The date of the Right-to-Know request;

4.  The date of any response or the date the response was deemed denied;

5.  A statement of the grounds upon which the requester asserts that the record is a public record;

6.  A statement addressing any grounds stated by Colonial Regional Police Department for delaying or denying the request, including any unusual circumstances or emergency situations that may have contributed to the delay;

7.  A copy of any pertinent correspondence or other documents; and

8. A statement that all material provided by Colonial Regional Police Department has been submitted with the appeal.

               You must submit two (2) copies of the material to the Northampton County District Attorney's Office and you must also submit a copy of your appeal to the Colonial Regional Police Department.

       The Office of the Northampton County District Attorney may conduct a hearing (which is a non-appealable decision). It may decide the case on the basis of the information filed with the Office. It may seek additional information from the involved parties. In most cases, the Office of the Northampton County District Attorney will issue a Final Determination based on information provided without conducting a hearing.

            When the Office of the Northampton County District Attorney issues a Final Determination it is binding. If Colonial Regional Police Department or the requester want to appeal the ruling of the Office of the Northampton County District Attorney, the appeal must be filed with the appropriate court within 30 days of the mailing of the Final Determination

           There is NO fee for a standard 8 1/2 x 11 black and white document. There will be a $4.00 fee to obtain a report which contains a certification stamp of the Department.  Reports in excess length of 20 pages shall be charged at .25 per double sided page.  The Pennsylvania Vehicle Code Title 75 section 3751 authorizes Colonial Regional Police Department to charge $15.00 per accident report. 

PENALTIES

The law provides a civil penalty of up to $1,500 if Colonial Regional Police Department denies access to a public record in bad faith and up to $500 per day when Colonial Regional Police Department does not promptly comply with a court order to release records under the act.

ATTORNEYS FEES

If a court holds that records were denied based on an unreasonable interpretation of law, or in bad faith, Colonial Regional Police Department can be required to pay attorneys’ fees.

Remember -- if your RTK (Right To Know) request is deemed frivolous by the court, you can be required to pay attorneys’ fees.

               You may send questions to the Pennsylvania Open Records Office. Mailing address:   Office of Open Records, Commonwealth Keystone Building, 400 North St., 4th Floor, Harrisburg, PA 17120-0225.  They may also be submitted via facsimile to 717-425-5343 or via email to openrecords@state.pa.us.