Why file a Right to Know request?

In an ideal world, all governmental documents (excepting privileged documents, such as those involving litigation or personnel issues) would be readily available to the public.

Unfortunately, at least in the Borough of Jenkintown, this is not the case.

For example, at every Council meeting, the “Council packet” is referenced. This packet apparently contains documentation relevant to the issues and decisions being discussed at a public meeting. We say “apparently” because no one other than Council and the Borough Manager has ever seen the documents in the packet. As such, one would think that the packet would be available to the public, as is the agenda which is posted on the Borough website.

In fact, at the March meeting, a Council member asked if the packet could be made publicly available. The question was referred to the Borough Solicitor, and despite several questions being posed at subsequent meetings regarding status of the request, it is clear that the Borough took no action, and the packet is still not available to the public. This is a prime example of why a Right to Know request would be done, as it is the only way to obtain public documents which are being withheld by Borough government.

Another example is the contract with Bellevue Communications. This contract is a public document, and the motion to enter into the contract was made in an open meeting. Unfortunately the motion contained no language describing the purpose of the contract, and all deliberations leading up to the motion were done in secret.

A Right to Know request was submitted for the contract as well as related email communications, and despite the Borough’s attempt to claim privilege, the Pennsylvania Office of Open Records agreed that the documents were not privileged and ordered the Borough to release them.

Responding to Right to Know requests does take time and resources which could undoubtedly be spent in other, more productive pursuits. However, when the government refuses to make public documents available to the public, a Right to Know request is often the only recourse.

Filing a Request

Filing a Right-to-Know with Jenkintown Borough is free, however the Borough may charge for copies, especially if the request generates many pages, and especially if the solicitor deems redactions necessary.

You are allowed to scan these pages for free. Most smart-phones have built in document scanning software.

Please note also that unlike the state, the county, and most other municipalities, the Borough refers to the form as a “Request for Information,” even though during meetings, Council usually refers to it as “Right to Know.”

According to the law, anyone can file, including non-residents. The Borough must respond to all requests within five days, but they typically invoke their right to a 30-day extension.

You may download a copy of a request form here.

This link is on the Borough website at the very bottom of the Codes, Forms, and Permits page.