Arizona records management required materials (Criminal Justice Commission)

Beryl Lipton filed this request with the Criminal Justice Commission of Arizona.
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

The most recently submitted versions of the following materials required to be prepared by each agency of the State of Arizona as outlined in Arizona Revised Statutes §41-151.14:

• All schedules proposing the length of time each records series warrants retention for administrative, legal or fiscal purposes
• The list of public records in the agency’s custody that are not needed in the transaction of current business and that are not considered to have sufficient administrative, legal or fiscal value to warrant their inclusion in established disposal schedules.
• The list of all essential public records in the custody of the agency.
• The designated individual within this agency tasked with the records management program and applicable contact information.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, 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 would request your response within ten (10) business days.

Sincerely,

Beryl Lipton

From: Watson, Jaime

Ms. Lipton,

The Arizona Criminal Justice Commission is in receipt of your public records request. We are currently investigating the records you requested and the amount of time it will take to fulfill your request. I plan to follow up with you by Friday June 2nd with a proposed timeline of obtaining your requested documents.

Thank you for your patience while we look into your request. Should you have any questions in the meantime, please do not hesitate to contact me.
Best Regards,

Jaime Watson
Public Information Officer/Legislative Liaison
Arizona Criminal Justice Commission<http://www.azcjc.gov/>
1110 W. Washington, Suite 230
Phoenix, AZ 85007
o. (602) 364-1394 c. (602) 377-4859 f. (602) 364-1175
www.azcjc.gov<http://www.azcjc.gov/>

From: Watson, Jaime

Hello,

Thank you for your follow up email. Upon review of your company’s website, we are concerned that your business model (Filing requests through MuckRock starts at just $20 to file up to four requests<https://www.muckrock.com/accounts/signup/>, which includes advice, postage, follow up, and hosting of the materials in an easy-to-use format.) may violate A.R.S 39-121.03. Therefore, your request has been brought to the Arizona Attorney General’s Office for further guidance.

39-121.03 Request for copies, printouts or photographs; statement of purpose; commercial purpose as abuse of public record; determination by governor; civil penalty; definition

C. A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses it for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

D. For the purposes of this section, "commercial purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from public records for the purpose of solicitation or the sale of names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body.

I will follow up with a response when we receive a decision from the Attorney General’s office. Thank you for your patience in this matter.
Best Regards,
Jaime Watson
Public Information Officer/Legislative Liaison
Arizona Criminal Justice Commission<http://www.azcjc.gov/>
1110 W. Washington, Suite 230
Phoenix, AZ 85007
o. (602) 364-1394 c. (602) 377-4859 f. (602) 364-1175
www.azcjc.gov<http://www.azcjc.gov/>

From: Watson, Jaime

Hello,

Thank you for your follow up email. I apologize for the delay in information. Please see below for the public records you requested.

1. ACJC's retention schedule may be found here: http://apps.azlibrary.gov/records/state_rs/AZ%20Criminal%20Justice%20Commission.pdf . For all other documents, ACJC follows the state's general retention schedule, available at https://www.azlibrary.gov/arm/retention-schedules.

2. ACJC has no list of public records in the agency’s custody that are not needed in the transaction of current business and that are not considered to have sufficient administrative, legal, or fiscal value to warrant their inclusion in established disposal.

3. ACJC is in the process of updating the list of all essential public records in the custody of the agency as part of our disaster recover plan. I can forward this information when it is complete.

4. The designated Records Officer for ACJC is: Paola J Matson, who may be contacted at PMatson@azcjc.gov<mailto:PMatson@azcjc.gov> and (602) 364-1179

Should you have further questions, please feel free to contact me.
Best Regards,
Jaime Watson
Public Information Officer/Legislative Liaison
Arizona Criminal Justice Commission<http://www.azcjc.gov/>
1110 W. Washington, Suite 230
Phoenix, AZ 85007
o. (602) 364-1394 c. (602) 377-4859 f. (602) 364-1175
www.azcjc.gov<http://www.azcjc.gov/>

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