VIDEO-AUDIO-REQUEST

REQUESTING VIDEO/AUDIO RECORDINGS FROM WAYNESBORO POLICE DEPARTMENT

NOTE: Do not request Waynesboro Police Department audio or video recordings using the Act of February 14, 2008 (P.L. 6, No. 3) known as the “Right-to-Know Law”. This page contains instructions for requesting audio and video recordings. Act 22 of 2017 (specifically, Chapter 67A of the Act) applies to individuals seeking “any audio recording or video recording made by a law enforcement agency.” The Right-to-Know Law does not apply to requests for these recordings.

HOW TO FILE A REQUEST

Under Act 22, a request for an audio or video recording in the possession of a law enforcement agency must be made within 60 days of the date the recording was made. The written request must be submitted to the Agency Open Records Officer (AORO) for the law enforcement agency that possesses the record. The request is not officially received until it is personally delivered to the AORO, or when it is marked “delivered” by certified mail.

The request must include:

• The date, time and location of the event recorded.
• A statement describing the requester’s relationship to the event recorded. 
• If the recorded incident took place inside a residence, the request must also identify every person present at the time of the recording, unless unknown and not reasonably ascertainable.

Under Act 22, the agency may deny the request – in writing – if it determines that a recording contains:

• Potential evidence in a criminal matter; or 
• Information pertaining to an investigation or a matter in which a criminal charge has been filed; or
• Confidential information or victim information; and 
• The reasonable redaction of the recording would not safeguard potential evidence.

FEE ASSOCIATED WITH GRANTED REQUESTS

Act 22 permits law enforcement agencies to charge a reasonable fee to provide a copy of an audio recording or video recording.

HOW TO APPEAL A DENIED REQUEST

The requester may appeal within 30 days of the date of denial to the Franklin County District Attorney's Office

The appeal is filed as a Petition for Judicial Review and must include:

• A filing fee will be required at the time of the petition. 
• A copy of the written request and any written responses
• Proof that the AORO was served within five days of the filing of the Petition.

If the event recorded took place inside a residence, the petitioner must also certify that notice of the petition has been served on each individual present at the time of the recording and on the owner and occupant of the residence, unless that information is unknown and not reasonably ascertainable.

SUBMITTING A REQUEST

All requests must be either hand-delivered to the Agency Open Records Officer or sent by certified mail, as follows: 

Waynesboro Police Department

 ATTN: Jason Stains - Agency Open Records Officer

55 E. Main Street

Waynesboro, PA 17268  

The Open Records Office accepts requests during regular business hours of 8:00 a.m. to 4:30 p.m., Monday through Friday (except holidays and official office closings).