FOIA Logs Fairfax County OPA

Attached is a response to your FOIA request. We apologize for the delay.

Please contact me with any questions.

Tony Castrilli
Director of Public Affairs
Fairfax County

This is in response to your email dated March 12, 2015, at 9:22 p.m., requesting Risk Management to proceed with your Freedom of Information Act (FOIA) request for a report detailing the number and status of lawsuits brought against the Fairfax County Police Department since 2006. By email dated March 13, 2015, you were advised that Risk Management required an additional seven work days to provide you with the report. Attached is a report detailing claims that resulted in lawsuits against the Police Department or its members where the County incurred legal expenses and/or settled the lawsuit. Excess insurance paid settlements over $1,000,000. These payments are also included in this report.

Risk Management tracks claims that by the date of the accident/incident formed the basis of the lawsuit, however lawsuits are not tracked separately. In addition, this report does not show those claims that resulted in a lawsuit but no legal expenses were incurred and the case did not settle.

The cost to provide the attached report was $87.50. Please submit a check in the amount of $87.50 payable to the County of Fairfax and sent to the attention of Teri Flynn, Risk Manager, 12000 Government Center Pkwy, Suite 215, Fairfax, VA 22035.

Please contact me with any questions.

Tony Castrilli
Director of Public Affairs
Fairfax County

The Fairfax County Department of Information Technology has completed your FOIA request originally submitted on March 3, 2015 for the following information:

· All email messages from the past 60 days sent or received by Sharon Bulova, Clayton Medford, David Rohrer, Ed Long, Jr., Edwin Roessler, Jr, Lucy Caldwell, and Tony Castrilli pertaining to the Ad Hoc Police Practices Review Commission (as announced herehttp://www.fairfaxcounty.gov/policecommission/).

Per VA. CODE ANN. § 2.2-3705.1(2)(2014), 19 emails that total 108 pages discovered during the search are being withheld because the messages were determined to be exempt from disclosure as attorney-client privileged communications. The remainder of requested information will be provided as a PST file with the applicable Outlook message items in a folder for each individual subject to this request. Due to the size of the file, this will need to be provided by CD/DVD. Please confirm that you would like the package sent to the address you previously provided:

Yani Yancey

2226 White Cornus Lane<x-apple-data-detectors://3>

Reston, VA 20191<x-apple-data-detectors://3>

Pursuant to Va. Code Ann. § 2.2-3704(F), the County is entitled to make reasonable charges not to exceed the actual costs for accessing, duplicating, supplying or searching for the requested records. Your initial payment of $321.02, based upon an estimated cost for searching the specified individual’s mailboxes for emails responsive to your VFOIA request, was received on Wednesday, March 17th. Though the initial cost for completing this request was estimated at $321.02, the final time spent increased the cost of fulfilling the request. However, DIT is waiving the additional cost for searching the specified individual’s mailboxes for emails responsive to your VFOIA request.

Please contact me with any questions.

Tony Castrilli

Director of Public Affairs

Fairfax County

As a follow up, attached is the list you requested including lawsuits with payments for 2013 and 2014. There aren’t any lawsuits with payments for 2015.

Tony Castrilli
Director of Public Affairs
Fairfax County

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On March 24, 2015:

This is in response to your email dated March 12, 2015, at 9:22 p.m., requesting Risk Management to proceed with your Freedom of Information Act (FOIA) request for a report detailing the number and status of lawsuits brought against the Fairfax County Police Department since 2006. By email dated March 13, 2015, you were advised that Risk Management required an additional seven work days to provide you with the report. Attached is a report detailing claims that resulted in lawsuits against the Police Department or its members where the County incurred legal expenses and/or settled the lawsuit. Excess insurance paid settlements over $1,000,000. These payments are also included in this report.

Risk Management tracks claims that by the date of the accident/incident formed the basis of the lawsuit, however lawsuits are not tracked separately. In addition, this report does not show those claims that resulted in a lawsuit but no legal expenses were incurred and the case did not settle.

The cost to provide the attached report was $87.50. Please submit a check in the amount of $87.50 payable to the County of Fairfax and sent to the attention of Teri Flynn, Risk Manager, 12000 Government Center Pkwy, Suite 215, Fairfax, VA 22035.

Please contact me with any questions.

Tony Castrilli
Director of Public Affairs
Fairfax County

Answers to your questions.

1. Board of Supervisors attendance is listed in the first paragraph.

2. The public safety committee is a committee of the whole. So the entire Board of Supervisors.

3. The FOIA logs are updated and I will send you the updates shortly.

4. I apologize for the delay on the outstanding FOIA. I will send you the official request for more time.

Tony

Yani,

Attached and below is the information you requested.

Tony Castrilli
Director of Public Affairs
Fairfax County

In your Virginia Freedom of Information Act (Act) request, you have requested the "official position description for the Deputy County Executive for Public Safety, offer letter(s), correspondence and documents related to the creation and appointment of the position, list of all committees, boards, commissions, or other organizations the incumbent for this position serves on in an official capacity, reports and memos created and issued by the incumbent in this role, and expense reports submitted by the incumbent."

Please be advised that there is no position description for the Deputy County Executive for Public Safety.

Documents responsive to your request for "offer letter(s), correspondence and documents related to the creation and appointment of the position" are attached.

With respect to your request for a "list of all committees, boards, commissions, or other organizations the incumbent for this position serves on in an official capacity," the request does not comply with Va. Code Ann. § 2.2-3704(B) because it fails to identify the records requested with reasonable particularity: it is entirely unclear what records you seek. In addition, under Va. Code Ann. § 2.2-3704(D), the County is "not required to create a new record if the record does not already exist." Your request does not ask for an existing document, but asks that a record be compiled, which would reflect the "committees, boards, commissions, or other organizations the incumbent for this position serves on in an official capacity."

Finally, "expense reports submitted by the incumbent" are attached.

No other documents that are responsive to your request have been identified.

Yani,

Attached is the follow-up information you requested.

Tony Castrilli
Director of Public Affairs
Fairfax County

This is a follow up to a previous request:

Mr. Castrilli,

The OPA logs sent contain incomplete and inaccurate information:

1. The 12/13/13 request from Jupiter Entertainment (line 10) has the following description: ". We produce true-crime documentary shows for a variety of television networks, including Oxygen, Investigation Discovery, Court TV, and Discovery Channel. Our most famous series is Snapped, which airs on Oxygen. Our website link is found here: http://www.jupiterent.com/projects/. "

There is no request for records listed. Would you please send the complete text of this FOIA request?
2. All 3 of the FOIA requests I submitted to OPA are listed as having the status, "Information was provided within the alloted 5 business days." This is incorrect.

I have not yet even received a written response to my 3/4/15 request for the Deputy County Executive's position description.

My 3/4/15 request for Public Safety Committee documents has also not been completed, and lists a submitted date of 3/12/15, even though your 3//12/15 message to me confirms it was received on 3/4/15.

I look forward to your reply and the documents to complete these three requests.

Thank you,
Yani Yancey

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On March 25, 2015:

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On March 25, 2015:

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On March 24, 2015:

Mr. Castrilli,

Thank you for the FOIA logs and the lawsuit records. Would you please send me a breakdown for the $87.50? I will send payment upon receipt.

Thank you,
Yani Yancey

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On March 24, 2015:

This is in response to your email dated March 12, 2015, at 9:22 p.m., requesting Risk Management to proceed with your Freedom of Information Act (FOIA) request for a report detailing the number and status of lawsuits brought against the Fairfax County Police Department since 2006. By email dated March 13, 2015, you were advised that Risk Management required an additional seven work days to provide you with the report. Attached is a report detailing claims that resulted in lawsuits against the Police Department or its members where the County incurred legal expenses and/or settled the lawsuit. Excess insurance paid settlements over $1,000,000. These payments are also included in this report.

Risk Management tracks claims that by the date of the accident/incident formed the basis of the lawsuit, however lawsuits are not tracked separately. In addition, this report does not show those claims that resulted in a lawsuit but no legal expenses were incurred and the case did not settle.

The cost to provide the attached report was $87.50. Please submit a check in the amount of $87.50 payable to the County of Fairfax and sent to the attention of Teri Flynn, Risk Manager, 12000 Government Center Pkwy, Suite 215, Fairfax, VA 22035.

Please contact me with any questions.

Tony Castrilli
Director of Public Affairs
Fairfax County

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On March 23, 2015:

Attached is a response to your FOIA request. We apologize for the delay.

Please contact me with any questions.

Tony Castrilli
Director of Public Affairs
Fairfax County

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On March 18, 2015:

To Whom It May Concern:

I am again following up on the Freedom of Information request, copied below, and originally submitted on March 4, 2015.

Responses to Virginia Freedom of Information Act requests are required within 5 business days. This request is now 3 days overdue for a response.

Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you,
Yani Yancey
_____________
Pursuant to Virginia Freedom of Information Act, I hereby request the following records:

FOIA logs for requests received and processed by the Fairfax County Office of Public Affairs during FY2013, FY2014, and FY2015 through the date this request is processed, including status of each request.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

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On March 12, 2015:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 4, 2015.

Responses to Virginia Freedom of Information Act requests are required within 5 business days.

Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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On March 5, 2015:

I am updating the request from fiscal years to CALENDAR years for 2013, 2014, and 2015 through the date this request is processed.

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On March 4, 2015:

To Whom It May Concern:

Pursuant to Virginia Freedom of Information Act, I hereby request the following records:

FOIA logs for requests received and processed by the Fairfax County Office of Public Affairs during FY2013, FY2014, and FY2015 through the date this request is processed, including status of each request.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Yani Yancey

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 16524
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
[http://email.requests.muckrock.com/o/ZD01NTYmaT0yMDE1MDMyNTA0MDEyNC4yMzkuNjQyNDIlNDA4MmNmOTcyZS0xNzgyLTRmY2MtODc2ZS1hM2Q5NGFkMDFkMDAucHJ2dC5keW5vLnJ0Lmhlcm9rdS5jb20maD01MmNlZWFiODg4YjI3YTJjMjIzNDlhYTYwMjZkZjU4OCZjb21tX2lkPTEzNDgxMCZyPUFudGhvbnkuQ2FzdHJpbGxpJTQwZmFpcmZheGNvdW50eS5nb3Y]

Yani,

Attached is updated information you requested.
Tony Castrilli
Director of Public Affairs
Fairfax County

This is confirmation that no offer letter was provided to Mr. Rohrer for the position of Deputy County Executive for Public Safety.

Tony Castrilli
Director of Public Affairs
Fairfax County

Thank You!

Yani,

This is to confirm that a search for reports and memorandum created and issued by Deputy County Executive Dave Rohrer has been completed. No reports or memorandum that are responsive to your request were found. During our telephone call earlier today you requested that we confirm in writing that no reports or memoranda were found and that, upon receipt of written confirmation, you would contact the Fairfax County General District Court to remove from the Court's docket the Petition for Mandamus that you filed, which is scheduled to be heard on Friday, April 17, 2015. You further agreed to provide us with written confirmation that you had removed the petition form the Court's docket. In addition you requested information regarding Dave Rohrer's participation on the committees. Dave Rohrer is a member of the committee found on the link below.
http://www.fairfaxcounty.gov/policecommission/commissioners.htm

Thank you for your patience and cooperation in arriving at a resolution of this matter. Please contact me with any questions.

Tony Castrilli

Director of Public Affairs

Fairfax County Government

Mobile 703-268-8953/Direct 703-324-3189

Tony.Castrilli@Fairfaxcounty.gov<mailto:Tony.Castrilli@Fairfaxcounty.gov>
Twitter @TonyCastrilli