Right-to-Know Law (RTKL)

Obtaining Business Records from the Township Office

Under the current RTKL, all state and local government agency records are presumed to be public. This means that if an agency wants to withhold a record, it must prove that it is entitled to do so under the RTKL, another law or regulation, privilege (such as attorney-client privilege), or court order. Also, the current law established the Office of Open Records, which makes it simple and free for a requester to appeal an agency denial.

Under the old law, the burden was on a requester to establish why a record was public. Also, all appeals went to court, which can be expensive and tends to be a far more time-consuming process than an appeal to the OOR.

Click here to learn more about open records laws in the Commonwealth of Pennsylvania.

Click here for the Pennsylvania Standard Right to Know form to request government records from the township and submit to the Right to Know Officer: Barbara Swearingen at finacctadmin@hopewelltwp.com

Obtaining a Motor Vehicle Accident Report or Other Report from the Police Department

ACCIDENT REPORTS

The Hopewell Township Police Department conforms to the mandates of the Pennsylvania Vehicle Code, 75 Pa. C. S. §101 et seq. in relation to vehicle accidents (“crash reports”). The said reports are only available to the involved parties or their respective insurance companies. All crash reports can be requested by completing an Accident Report Request Form. There is a $15.00 fee for each report, which can be paid by check or money order. No cash will be accepted. Payment can be made during business hours at the Hopewell Township Municipal Building. If requested, identification must be presented prior to receiving the record.

Please note: It takes at least a week and generally longer for the report to be completed, reviewed by a supervisor, and approved. If the report is not available within 15 days, you may contact 724-378-0557. We will NOT provide information over the phone relevant to the accident report. The only way to obtain information is by completing the Accident Report Request Form.  

REQUESTS FROM INSURANCE COMPANY FOR MOTOR VEHICLE ACCIDENT REPORT

If you are an insurance company representing a client involved in an accident, you must send a check payable to “Hopewell Township” to 1700 Clark Blvd, Aliquippa, PA 15001, along with a letter on the company letterhead stating which party involved is covered under your insurance policy. Please also include a self-addressed, stamped return envelope. You may call the department to obtain the accident report number prior to issuing the check, and note the report number on the request. As soon as the report is completed and approved, it will be sent to you.

OTHER REPORTS

POLICE INCIDENT REPORTS are considered INVESTIGATIVE REPORTS and are NOT subject to release under Pennsylvania’s Right-to-Know Law (Pennsylvania State Police v. Office of Open Records)

Requests for police incident reports containing criminal investigatory material may not be eligible for release in accordance with the Criminal History Record Information Act, 18 Pa C.S.A §9101 et seq.(aka CHRIA) and Section 708 (b)(16) of the Pennsylvania Right-to-Know Law, 65 P.S. §67 101 et seq.(aka RTKL).

Police Investigative Reports may be available with a properly executed subpoena or court order.

Additionally, requests for police incident reports containing non-criminal investigatory material (e.g. child custody and civil disputes) are NOT public release records. Under Section 708 (b)(17) of the RTKL and may not be eligible for release unless the release is not prohibited by law or court order and the Hopewell Township Police Department determines that it is in the public interest to release the record. Non-Criminal police incident reports are generally available pursuant to a civil subpoena. 

Requests can be made through a RTKL/Open Records Request Form and submitted to the Hopewell Township Police Department Open Records officer. There is a .25 cent fee for each page printed as part of processing if the report is granted. Check or Money Order is the only form of payment accepted and must be paid before the release of the report. There is no fee if delivered electronically. Recipients must show identification at the time the report is retrieved from our department.

Please Note: Submission of the RTKL Form does NOT guarantee a copy of the report. The Open Records Officer will evaluate each request and make the appropriate determination with respect to legal guidelines.

CRIME VICTIMS

Material will only be provided to a requesting party as defined in the 18 Pa. C.S. §9158 or a requesting party’s attorney. A requesting party is defined as “a crime victim or a defendant in a civil action in which a crime victim is a party.” A “crime victim” is any individual “against whom a crime has been committed or attempted and who, as a direct result of the criminal act or attempt, suffers physical or mental injury, death, or loss of earnings.” A crime victim may request a copy of an incident report by filling out an Act 134 Crime Victims’ Right of Access Request Form. Some reports cannot be released, due to the Criminal History Record Information Act, 18 Pa. C.S.A. §9101 et seq. (CHRIA) or because other laws prohibit the release. Reports with suspect, juveniles, medical, or arrest information will not be released.

There is a $150.00 processing fee for each granted report. Please see the fee schedule for additional fees. Payment can be made by money order only, made payable to the Hopewell Township Police Department. Personal checks or cash will not be accepted.  Payment can be made at the Hopewell Township Municipal Building during business hours. Identification must be provided at the time of retrieval from the Hopewell Township Police Department.

ACT 134 of 22

If you are submitting a request as part of a civil action, you must complete the Act 134 Crime Victim Right of Access Request Form. Instructions and information for completing the form are attached to the form and can be accessed at the Hopewell Township Police Department.

OBTAINING AUDIO/VIDEO RECORDINGS

Audio/Video recordings are NOT covered under the Pennsylvania Right-to-Know Law, 65 P.S.
§67.101 et seq. (aka RTKL) and are instead covered by Act 22 of 2017, 41 PA. C.S. §§67A01 et seq. (aka Act 22). You must complete the Law Enforcement Recording Request Form/Act 22 of 2017. The fee schedule shall be applied in accordance with the Hopewell Township Police Department policy. Please contact the Hopewell Township Police Department for the current fee schedule information. Information on Act 22 of 2017.

The Open Records Officer for the Hopewell Township Police Department is:
Sergeant Jill Banovsky
Hopewell Township Police Department
1700 Clark Boulevard
Aliquippa, PA 15001
Contact: 724-378-0557
Email: jillbanovsky@hopewelltwp.com

Denials of access may be appealed in writing, within 15 business days to:
Executive Director, PA Office of Open Records
Pennsylvania Office of Open Records
555 Walnut Street, Suite 605
Harrisburg, PA 17101-1925
Phone: 717-346-9903
Fax: 717-425-5343
Email: openrecords@pa.gov
Website: http://openrecords.pa.gov

For denials of information regarding criminal records or investigative records, you must appeal in writing within 15 days to:
Beaver County District Attorney
Attn: District Attorney Nathan Bible
810 Third Street
Beaver, PA 15009
Phone: 724-773-8550
Email: beavercounty.pa.gov

The Hopewell Township Police Department complies with the Pennsylvania Right to Know Law (RTKL), CHRIA, and other applicable statutes regulating the release of information to the public. Information protected under Section 708 (b) of the RTKL (or other applicable statute) will be removed or obscured to protect that sensitive information. Please visit the Pennsylvania Department of Open Records website at http://openrecords.pa.gov for additional information on the Right-to-Know Law.