As we previously mentioned in a News posting on the website, we filed a FOIL / RTK request with East Allen Township for “The “Draft Weaversville Curve Study” (item #3 under Supervisors Business on the meeting agenda) presented and discussed at the Board of Supervisors’ public meeting on August 26, 2021.

On August 31, 2021, East Allen Township responded requesting “a 30 Day extension. I agreed to the extension via email.

The 35-day limit (5+30 day extension) to respond to the request expired at the close of business, Oct.19. We are filing an appeal With the Pennsylvania Office of Open Records, stating the request was “deemed denied”.

We believe PennDOT and East Allen Township are both government agencies subject to the Pennsylvania Right To Know Law. The record requested, “Draft Weaversville Curve Study”, was presented and discussed at the Board of Supervisors’ public open meeting on August 26, 2021.  The requested records are public records in the possession of East Allen Township and do not qualify for any exemptions under § 708 of the RTKL.

The following are excerpts from the PA Office of Open Records – Appeal Confirmation:

Agency (list): East Allen Township
Agency Address 1: 5344 Nor-Bath Boulevard
Agency Address 2:
Agency City: Northampton
Agency State: Pennsylvania
Agency Zip: 18067
Agency Phone: 610-262-7961
Agency Email: [email protected]
Records at Issue in this Appeal: On August 28, 2021, we filed a Right To Know request with East Allen Township for the “Draft Weaversville Curve Study” (item #3 under Supervisors Business on the meeting agenda) presented and discussed at the Board of Supervisors’ public meeting on August 26, 2021. On August 31, 2021, East Allen Township responded requesting “a 30 Day extension I agreed to the extension via email. The 35-day limit (5+30 day extension) to respond to the request expired at the close of business, Oct.19.
Request Submitted to Agency Via: webform
Request Date: 08/28/2021
Response Date:
Deemed Denied: Yes
Agency Open Records Officer: Mr.Brent Green, Township Manager. Deemed denied, no response. within the 35 business day limit (5+30 day extension).
Attached a copy of my request for records: Yes
Attached a copy of all responses from the Agency regarding my request: Yes
Attached any letters or notices extending the Agency’s time to respond to my request: Yes
Agree to permit the OOR additional time to issue a final determination: No
Interested in resolving this issue through OOR mediation: Yes
Attachments:
  • open_records_form (2) (1) (1) (1) (4) (1) (3) (2).pdf
  • Untitled document (2).pdf
  • A statement explaining the grounds on which the requester asserts that the record is a public record_ .pdf

I requested the listed records from the Agency named above. By submitting this form, I am appealing the Agency’s denial, partial denial, or deemed denial because the requested records are public records in the possession, custody or control of the Agency; the records do not qualify for any exemptions under § 708 of the RTKL, are not protected by a privilege, and are not exempt under any Federal or State law or regulation; and the request was sufficiently specific.