Juggalo communication (Albuquerque PD)

steve miller filed this request with the Albuquerque Police Department of Albuquerque, NM.
Est. Completion None
Status
Fix Required

Communications

From: steve miller

To Whom It May Concern:

Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following documents:

+ All emails, letters and other communication using the words “juggalo” or “juggalos” or “Insane Clown Posse” received or sent by or sent between any member(s) of the department between November 1, 2010 and December 31, 2010;

+ All emails, letters and other communication using the words “juggalo” or “juggalos” or “Insane Clown Posse” received or sent by or sent between any member(s) of the department between April 1, 2014 and April 1, 2015;

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 15 business days, as the statute requires.

Sincerely,

steve miller

From: Chavez, Reynaldo L.

Dear Mr. Miller,

The purpose of this correspondence is to provide you with an update for your public records request, which was received by my office on April 2, 2015. Your IPRA Request is attached below for convenience and for reference.

First, we are informing you of the copying cost to date before expending additional human resources and materials. Please indicate if you would still like to proceed with this request.

Next, we have determined your public records request is in fact “excessively broad and burdensome” and we need “an additional reasonable period of time” to satisfy this request. See NMSA 1978, § 14-2-10. My office, APD’s Inspection of Public Records Act Division (“APD IPRA”) has located, reviewed, and is in the process of redacting responsive documents for your IPRA Request. Prior to making the necessary copies, we want to confirm you would still like to proceed. If you would still like to proceed with this IPRA Request then those documents can be made available for your pick-up. However, we are requiring advance payment of our copying costs prior to making them available. Advance payment of the copying costs comes directly from New Mexico’s Inspection of Public Records Act. See NMSA 1978, § 14-2-9(C)(5) (“may require advance payment of the fees before making copies of public records.”).

All of the documents in this initial set are not available electronically. These documents also require redaction of certain of information (e.g. personal protected identifiers, matters of opinion, etc.). As such, the original paper files cannot be made available for an in person inspection. Please review the attached invoice which has the current amount due. When all is said and done that amount will likely be much higher.

I look forward to hearing back from you to confirm you still wish to proceed with this IPRA Request. Thank you in advance for your understanding. Please do not hesitate to contact me via email if you have any questions or comments.

Kind regards,

Office of the APD Records Custodian
Reynaldo Chavez
APD Records Custodian/IPRA Manager
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2007
Cell (505) 235-2160

From: steve miller

Mr Chavez
In reference to our conversation this morning, I'd like to discuss the charges here, particularly your statement in your correspondence, "When all is said and done that amount will likely be much higher." This seems to me to be part of a creative denial or attempt to thwart further pursuit of public records, and it works. However, I'd like to explore a reduction in the initial fee, aware that your state's anti-donation clause precludes a waiver in most cases.
You said in our conversation that you are not permitted to discuss requests, is this correct? Please clarify. I look forward to speaking with you regarding these, the public's, records.
Thanks
Steve Miller

From: Chavez, Reynaldo L.

Dear Mr. Miller

The purpose of this correspondence is to follow-up. To clarify, the per page copy costs was not “determined” by me. The amount of $0.50 per page comes directly from City Administrative Instruction 1-7. It is also well within the stated perimeters under IPRA. See NMSA 1978, § 14-2-9(C)(2).

You should also be advised, this is not a denial as you so eloquently state since you are being offered responsive documents. So this is an incorrect statement on your part.

Furthermore, the documents that were referenced in the previously sent invoice must be redacted to blacken out certain information. That information includes but may not be limited to protected personal identifiers. However, in order to blacken that information, we must make a copy of the document. As you are aware, the original document cannot be blackened in any manner.

And finally, I did not say I was not permitted to discuss IPRAs so again you are incorrect, I stated all discussions are preferred via email so that we have an audit trail and there is no ambiguity or misinterpretation. This is a prime example of why telephone discussions are not the best means to discuss IPRAs.

I look forward to hearing back from you to confirm you still wish to proceed with this IPRA Request. Thank you in advance for your understanding. Please do not hesitate to contact me via email if you have any questions or comments.

Kind regards,

Office of the APD Records Custodian
Reynaldo Chavez
APD Records Custodian/IPRA Manager
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2007
Cell (505) 235-2160
chavezr@cabq.gov<mailto:chavezr@cabq.gov>

From: steve miller

Mr. Chavez
I respectfully decline to engage your misrepresentations.
Thank you for your help.
Steve

From: Chavez, Reynaldo L.

Dear Mr. Miller,

Very good sir.

Kind regards,

Office of the APD Records Custodian
Reynaldo Chavez
APD Records Custodian/IPRA Manager
400 Roma Avenue NW, Alb., NM 87102
Office (505) 768-2007
Cell (505) 235-2160
chavezr@cabq.gov<mailto:chavezr@cabq.gov>

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