Bensalem Township PD's IACP Presentation

Freddy Martinez filed this request with the Bensalem Township Police Department of Bensalem, PA.

It is a clone of this request.

Tracking #

2019-1209

Due July 12, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Freddy Martinez

To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

- The slides from the presentation from the talk given by Deputy Chief William McVey on May 20, 2019 at the IACP Tech conference. I am also seeking the presentation with the full notes that may accompany the slides.

For reference, the talk was about the use of license plate readers, face recognition, and other technologies on a school campus. This program was also described as the "Early Warning Detection System."

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 look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Freddy Martinez

From: Bensalem Township Police Department

Mr. Martinez,

Please see attached RTK Response. Thank You.

From: Freddy Martinez

I am formally appealing this denial under the Right to Know. The denial letter sent by the records office is that there are "no responsive records" and at the same "the records are not ours".

However, under the Right to Know, the agency does not raise that they are not in possession of the record nor do they assert that the records are "privileged" or "confidential". They do not state they are not public records under RTK. They also do not assert the information's "(2) the disclosure of which would cause substantial harm to the competitive position of the person that submitted the information." Furthermore, they do not assert that the records are a "(b)Requests for trade secrets" and have not provided any such "written statement signed by a representative of the third party that the record contains a trade secret or confidential proprietary information".

Therefore, I assert that they agency has waived their ability to exempt the records under the Right to Know act.

Freddy Martinez

From: Bensalem Township Police Department

Dear Parties,

Please see the attached appeal that has been filed with the Office of Open Records. This matter has been assigned to an Appeals Officer (see page 4 of attachment for contact information). Please forward all future correspondence directly to the Appeals Officer and all other parties. Thank you.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Janelle Sostar
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | F (717) 425-5343
https://openrecords.pa.gov<https://openrecords.pa.gov/>
@OpenRecordsPA<https://twitter.com/OpenRecordsPA>
Open Records in Pennsylvania Blog<https://openrecordspa.wordpress.com/>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From: Freddy Martinez

Please be advised that the agency response was attached to my previous email. I am resubmitting it here as well.

However, you can also find a true copy of the agency response online at the following address
https://cdn.muckrock.com/foia_files/2019/07/08/RTK-Martinez_Signed.pdf

Thank you,
Freddy Martinez

From: Bensalem Township Police Department

Thank you for contacting the Office of Open Records. This message serves as confirmation that your appeal or general inquiry has been received. Please retain this confirmation for your records.

NOTE: This email address should only be used for appeal submissions (i.e., appeals of an agency response to a request for records) and general questions. It should not be used to submit a request for records. If you are requesting records, please direct your request to RTK-OOR@pa.gov<mailto:RTK-OOR@pa.gov>.

From: Bensalem Township Police Department

Dear Parties:

Please be advised that the filing deficiency in the above matter has been cured, as the Requester has provided the OOR with a copy of the Agency's response. As such, the appeal in the above matter will proceed.

As a reminder, please direct all communications regarding this appeal to my attention, not the OOR's main email address.

Thank you.

[cid:image001.jpg@01CB50E7.66A46B70]
Magdalene C. Zeppos, Esquire
Appeals Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | mzeppos@pa.gov<mailto:mzeppos@pa.gov>
https://openrecords.pa.gov<https://openrecords.pa.gov/> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From:

Appeals Officer Zeppos,

Attached is the response of Bensalem Township to the appeal of Freddy Martinez.

Thank you,

Ruth Oslick for Aaron Kostyk

[RC Firm Logo]<https://rudolphclarke.com/>
[social-facebook-box-blue-icon]<https://www.facebook.com/RudolphClarkeLLC/?ref=hl>[linkedin-icon]<https://www.linkedin.com/company/rudolph-clarke-llc/?viewAsMember=true>[twitter-icon]<https://twitter.com/RudolphClarke0>

Ruth Oslick on behalf of Aaron Kostyk | Rudolph Clarke, LLC
Phone: 215.633.1890 | Fax: 215.633.1830
www.rudolphclarke.com<http://www.rudolphclarke.com/> | E-mail: roslick@rudolphclarke.com<mailto:roslick@rudolphclarke.com>

Bucks County Office: Seven Neshaminy Interplex | Suite 200 | Trevose, PA 19053
Montgomery County Office: 350 Sentry Parkway East | Building 630, Suite 110-A I Blue Bell, PA 19422
Delaware County Office: 341 West State Street I Media, PA 19063 (by Appointment only)
Chester County Office: 200 Lincoln Avenue, #104 I Phoenixville, PA 19460 (by Appointment only)

From: Bensalem Township Police Department

Dear Mr. Martinez:

I write in regard to the above appeal. Specifically, the records at issue in your Request are the same records at issue in another appeal involving Bensalem Township Police Department, which is docketed at AP 2019-1175. In that appeal, the Appeals Officer has issued an order for the Police Department to submit the records for in camera review. In camera review is a process where the agency provides copies of the withheld records to the OOR for the OOR to look directly at the records to determine the applicability of the cited exemption.

In light of the above, the OOR would like to stay the appeal in your matter pending the issuance of the Final Determination in 2019-1175. Please confirm your agreement to an extension of time to issue the final determination in your matter on or before August 15, 2019.

Thank you for your cooperation in this matter

[cid:image001.jpg@01CB50E7.66A46B70]
Magdalene C. Zeppos, Esquire
Appeals Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | mzeppos@pa.gov<mailto:mzeppos@pa.gov>
https://openrecords.pa.gov<https://openrecords.pa.gov/> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From: Freddy Martinez

Appeals Officer,

I do not object to the in camera review of the FOIA documents.

Specifically, however, I want to alert your office to numerous inconsistencies in the statements prepared by the Police Department.

- The FOIA officer claims, in their appeal, that I did not assert that the materials are created by the department. Indeed, I did not make that claim because I do not need to raise that claim. Under the RTK, records is defined, in part as "or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency." I do not need to claim it was created, because my claim is that the records are received or retained pursuant to the law.
- Indeed, the following records are retained by the Police Department as they are produced as part of an in camera review.
- The FOIA office claims that the exemption 707 b (2) apply properly to this record. I assert that it does not. That is incorrect. The full language of the statue read "(2) A record maintained by an agency in connection with the military, homeland security, national defense, law enforcement or other public safety activity that if disclosed would be reasonably likely to jeopardize or threaten public safety or preparedness or public protection activity or a record that is designated classified by an appropriate Federal or State military authority."

The statue reads "that *if disclosed* would would be *reasonably likely* to jeopardize public safety" (emphasis added) but does not apply. The records in question have already been prior disclosed to the public, as described in the original RTK request and there is voluminous case law about waiving the right to an exemption following a prior disclosure. For that reason, the same exemption can not be applied because it is not "reasonably likely" to jeopardize public safety if the records have already been disclosed.

Lastly, again I raise the issue that the Police Department does not attempt to claim trade secrets exemptions to the materials, just that they "didn't create it". Therefore the materials should not be considered exempt as the PD has not claimed that exemption.

All the best,
Freddy Martinez

From: Bensalem Township Police Department

Dear Parties:

This will confirm the Requester's agreement to have the above matter stayed, pending the OOR's in camera review and issuance of the Final Determination in OOR Dkt. AP 2019-1175. The Final Determination in the instant matter will be issued within 30 days of the Final Determination in AP 2019-1175.

Thank you.

[cid:image001.jpg@01CB50E7.66A46B70]
Magdalene C. Zeppos, Esquire
Appeals Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | mzeppos@pa.gov<mailto:mzeppos@pa.gov>
https://openrecords.pa.gov<https://openrecords.pa.gov/> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

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