Welcome to

Bath Borough

Northampton County, PA

Right-to-Know


Pennsylvania Right-to-Know Law (RTKL)

The Borough Council of the Borough of Bath continuously strives for open and transparent government. The governing body has formally adopted Resolution #2008-016 on December 1, 2008, and re-stated by Resolution #2024-003 adopted on March 11, 2024, to comply with the Pennsylvania Right-to-Know Law (RTKL), Act 3 of 2008. The Resolution will be updated by Borough Council to include a current municipal address, Borough Manager information, and any changes that may occur to the RTKL from time-to-time. Check throughout the Borough’s website for many publicly accessible documents that may answer a lot of your questions.

In many cases, it might be faster to call the office (610) 837-6525, speak with staff, or set up a time to meet with Manager Flynn about a potential file or record(s) for review. It is possible a record can be turned over to you without processing a Right-to-Know Request (RTKR).

Please also note: Not every record the Borough maintains is in a quick or easy digital format. There have been tremendous strides to digitize the Borough over the last few years. There are still many instances where the Borough maintains or manages public records in paper format and physical files. The Borough may never become completely digital. There may be instances where the retrieval, compilation, or reproduction of records takes considerable time. More reason to call the Borough Office ahead of time before filing a RTKR.

PUBLIC MISCONCEPTION: Not every single record held by the Borough is open to public inspection under the RTKL! Exemptions to public records access do apply. Only public record(s) deemed eligible under the RTKL will be accessible. Please read further before submitting a RTKR.

Keep in mind the following basic points of the RTKL:

  1. The RTKL does not have jurisdiction over the Pennsylvania Sunshine Act or violations of the Sunshine Act. The RTKL and Sunshine Act work together in the interests of governmental transparency. For more information about the Sunshine Act, click here.
  2. A RTKR cannot be used to ask questions of an agency. The RTKL is not to be used to elicit responses from an agency.
  3. The RTKL is not an investigative arm of the state to conduct inquiries into the operation of a municipality.
  4. The RTKL is not concerned with record/public record quality or accuracy.
  5. The RTKL DOES NOT require an agency to create records that do not already exist.
  6. The RTKL was amended with two main purposes:
    • To determine the existence of a public record(s) in possession of an agency, and
    • Whether an agency has authorization to withhold public access to a record(s) requested.

So, what’s a ‘record’? – A record is information, regardless of physical form or characteristics, that documents a transaction or activity of an agency, and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency.

And what’s a ‘public record’? – A record, including a financial record, of a Commonwealth or local agency that:

  1. Is not exempt under Section 708* of the RTKL.
  2. Is not exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree.
  3. Is not protected by a privilege.

*Section 708 of the RTKL is a listing of exceptions for public records.

The accessibility of public records: The RTKL presumes that every public document in the care, custody, and control of an agency covered by the RTKL is publicly accessible. It is incumbent upon a Requestor to specifically identify which record(s) are sought.

Aside from specificity, there are more than 30 different exemptions that may apply in denying access of a public record(s). For example, record(s) may require redaction; there could be sensitive or privileged information contained on a record(s) restricting public access.

The burden of proof for denying access to a record(s) shifted squarely to the agency, after the 2008 RTKL amendments. Requestors no longer needed a reason to see a record(s). Meaning, the agency’s lawyer(s) may be involved, depending on the reasons for denying public access to a record(s). And the financial burden for proving exemptions is the responsibility of the agency.

In complying with the RTKL and depending on the scope or potential universe of a record(s) being sought, this may require the Borough’s professional service providers (IT specialists, bookkeeper(s), auditors, lawyer(s), etc.) to become collectively involved. Agencies have the task of record retrieval, handling, and review of potentially responsive record(s) to determine whether access should be granted or denied. Record evaluation by the agency’s professional service providers and vendors incurs agency costs at their respective hourly rates.

In accordance with and in order to comply with the RTKL, the Agency Open Records Officer (AORO), will work with a range of professional services and vendors in the performance of responding to Right-to-Know Requests requiring their special expertise. This is important because of the high standard of the Office of Open Records (OOR’s) ‘fact finding’ analysis, especially if a Right-to-Know Request appeal is filed. In other words, OOR will require attestations (statements under penalty of perjury from agency officials) as to what steps were taken by the agency to complete and prove responsiveness and the reasons for denying information.

In other cases, the AORO may be able to complete less complicated Right-to-Know Requests without any professional service or vendor involvement.

Disputing record(s) denied by an agency: If a Requestor disagrees with an agency’s reason for denying access to a record(s), an appeal with OOR may be filed. OOR is established as an administrative tribunal– quasi-judicial review process that follows legal proceedings. When an agency faces an OOR appeal, the agency’s lawyer(s) typically step in to defend the agency’s reasons for denying access to a record(s). Under the RTKL the costs associated with defending against an appeal are NOT recoverable by the agency from a Requestor.

Once the OOR appeals process concludes, OOR issues a ‘Final Determination.’ OOR may deny an appeal or order certain record(s) turned over to the Requestor. This occurs if the agency has not met its burden of proof to deny said record(s). If the matter is not resolved at the OOR level, the next level is filing an appeal to the Northampton County Court of Common Pleas (NCCCP). If the matter is not resolved at NCCCP, a review may be filed before a Pennsylvania appellate court. All of these post-OOR Final Determination processes may involve additional legal and/or professional service review time, which is taxed to the agency.

RESPONSIBLE USE OF THE RTKL: Finally, and most importantly, the RTKL provides an avenue for the public to gain access to government information (that is not otherwise exempt from public access) in the pursuit of transparency and holding public officials accountable. And as such, the RTKL should be taken seriously, used reasonably and responsibly by a Requestor.

Due to the potential costs and public resources used in the receipt, processing, retrieval, and copying of a record(s) relative to a RTKR, it should never be thought of as a game to play with elected/appointed officials of an agency. A Requestor should think about what record(s) sought and identify a record with sufficient specificity enabling the Borough to ascertain the record(s) requested.

Schedule some time to speak with an agency official about responsive records before filing a Right-to-Know Request. In some, if not many cases, the use of a RTKR may not be necessary. This may be especially true if a Requestor wants to review information and does not require paper copies.

The RTKL IS NOT intended to be used for: personal vendettas, or to punish an agency; elicit a response from an agency for unrelated matters; abuse the rights or processes under the RTKL; harass, substantially disrupt, overwhelm, or otherwise overburden an agency.


Make a Right-to-Know Request

If you wish to make a request for public information, under the RTKL, you may do so in person or by email. The Borough uses an online application that allows for online submission as well. Simply CLICK HERE or follow the below procedure to submit your requests.

  1. Download the standard Right-To-Know Request Form from the following link.
  2. Complete the form in its entirety.
  3. Submit the request form to:

Borough of Bath Right-to-Know/Open Records Officer Bradford T. Flynn, Borough Manager (manager@boroughofbath.org); 121 S Walnut St Bath, PA 18014 | Fax 610-837-8989


Additional Tips to Keep in Mind if Filing a Right-to-Know Request:

  • The Right-to-Know Officer or AORO must respond to your request within 5 business days. The following is an example of how the initial 5 business days operates:
    • First, this does not mean you will automatically receive documents requested within 5 business days! It simply means the AORO will issue a response with documents (grant), or deny the request, partially grant and/or partially deny, or issue a time extension letter on or before the 5 business days. It is possible you will receive your requested documents within the initial 5-day window. It depends on the number of pages, scope, and timeline of a record(s) being sought and whether or not additional legal review is necessary. A Request for 7 years’ worth of records is generally not going to be answered by an agency in 5 business days.
    • The 5-business day period begins on the business day after the Right-to-Know Request is submitted to the Borough.
    • If the AORO issues a time extension letter, a response is due by or before the 30th calendar day beginning after the initial 5 business days.
      • For example, if you submitted a Right-to-Know Request during the business day of Friday, November 3, 2023, the 5-business day period begins on Monday, November 6, 2023. However, Saturday, November 11, 2023, is Veterans Day, a federal and local holiday observed by the Borough on Friday, November 10, 2023 (Office is closed–nonbusiness day). Therefore, in this example, the 5th business day for the AORO to respond concludes on Monday, November 13, 2023.
      • If the AORO issues a 30-day time extension (during the initial 5-day response period) a final response is not due until on or before Wednesday, December 13, 2023. This is because the 30-day extension automatically begins the next day after the initial 5 business days, not when the AORO filed the initial response. In other words, the AORO has up to 35 days total to respond to a Right-to-Know Request.
  • The AORO may file a 30-day extension for the following reasons (Section 902 of the RTKL):
    • The request for access may require redaction of a record in accordance with Section 706 of the RTKL.
    • The request for access may require the retrieval of a record in a remote location.
    • A timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations.
    • A legal review is necessary to determine whether the record is a record subject to access under the RTKL.
    • The requestor may not have complied with the Borough’s policies regarding access to records.
    • The requestor refuses to pay applicable fees authorized by the RTKL.
    • The extent or nature of the request precludes a response within the required time period.
  • See Schedule of Fees for any applicable fees for copies. Check here for the latest RTKL Schedule of Fees: Borough of Bath, PA Resolutions Public Documents (ecode360.com) under ‘Part 4 – Administration.’
  • Be mindful of ‘VENUE’: For example, if you are requesting information relative to a property with a ‘Bath’ mailing address, this does not mean the RTKR should be submitted within the jurisdiction of the Borough of Bath. The Bath zip code encompasses multiple municipal jurisdictions such as: East Allen Township, Moore Township, Chapman Borough, and parts of Bushkill Township. Once you know the property address, you need to determine which municipality the property falls within. Then submit a RTKR with that jurisdiction. Call our office if you need help determining venue.
  • DO YOUR HOMEWORK! – Do not use phrases on a Right-to-Know Request like, ‘Any and all records pertaining to x, y, and z since the Borough’s existence in the space time continuum…’. Be SPECIFIC. Make a request that passes this three-prong test:
    1. Lists subject matter of the request,
    2. Lists the scope of documents sought, and
    3. Indicates a timeframe for which records are sought.
  • The Borough is not required to do this homework for you during the RTKR submittal. You should ask questions and obtain as much information as you can BEFORE you file a RTKR.

Questions should be directed to Right-to-Know/Open Records Officer and Borough Manager, Bradford T. Flynn at 610-837-6525 or manager@boroughofbath.org.

The RTKL is administered by the Pennsylvania OOR. For more information about the RTKL or the OOR Appeals process, please click here.


Property Files, Enviornmental Phase I & II, other Public Safety Right-to-Know Requests

PLEASE NOTE:

  • PROPERTY FILES: In many cases, information about a property file is requested. The Borough does maintain property files on each of the parcels located within the jurisdictional boundaries of Bath. However, the Borough does not maintain property deeds or recorded instruments that would otherwise be kept at the Northampton County Courthouse. You can schedule a mutually agreeable time to meet with an agency official to publicly inspect a property file. Information contained in a property file that is otherwise exempt under the RTKL will be excluded from the open inspection.
  • UNDERGROUND STORAGE TANKS (USTs): The Borough of Bath does not hold records relative to underground storage tanks (USTs). Right-to-Know Requests for these types of records, or records relative to environmental spills/accidents, etc., must be made to the PA Department of Enviornmental Protection.
    • Click here for access to PA DEP “Informal Right-to-Know Law File Reviews”. Make sure to check “NORTHEAST REGION” at the bottom left of the form. The PA DEP office serving the Bath area is located in Wilkes-Barre if you would like to review any records in-person.
  • POLICE REPORTS/INVESTIGATIONS: The Borough of Bath does not hold records relative to police reports. Right-to-Know Requests for these types of records must be made to the Pennsylvania State Police, Bethlehem Barracks.
    • Click here for guidance on how to file a Right-to-Know Request with the Pennsylvania State Police.
    • If you are looking for police reports prior to July 1, 2018, Bath was served by the Colonial Regional Police Department. To obtain records from their agency, please click here.
  • FIRE REPORTS/INVESTIGATIONS: The Borough of Bath does not hold records relative to fire investigations. Right-to-Know Requests for these types of records must be made to the Bath Volunteer Fire Department.
    • Contact the Bath Volunteer Fire Department Secretary, Bath Volunteer Fire Department, 121 Center Street, Suite A, Bath PA 18014. You may also want to call ahead about a request for information (610) 837-6400.
  • NORTHAMPTON COUNTY 9-1-1: The Borough of Bath does not hold records relative to 9-1-1 calls. Those Right-to-Know Requests for these types of records must be made to Northampton County Emergency Operations Center.
    • For any information regarding 9-1-1 records, please click here for Northampton County’s Right-to-Know procedures.

Right-to-Know Requests made for any of the above record types will be deemed misdirected.


Right-to-Know Tracking

Right-to-Know Requests are documents subject to public access under the RTKL; subject to redaction of personal addresses, personal email addresses, and phone numbers. The Borough will typically keep Right-to-Know Requests in file storage for up to 2 years.

Bath has been tracking Right-to-Know Request activity since 2016. Prior to 2016, the Borough did not have a formalized tracking system.

The Right-to-Know activity tracking lists provide information where available and may be updated from time to time. The lasted version of the tracking list will be date stamped, last page of the list, bottom lefthand corner.

2024 Right-to-Know Tracking

2023 Right-to-Know Tracking

Right-to-Know Tracking Prior Years (2016-2022)

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