Training & Certification of Bloomsburg Police Detective

May 3, 2018

Robert Havay

RE: Right-to-Know Law Request

Dear Robert Havay:

Thank you for writing to The Bloomsburg Police Department (“Agency”) with your request for information pursuant to the Pennsylvania Right-to-Know Law (“RTKL), 65 P.S. 67.101, et. seq. On May 3, 2018, you requested
1. Date Detective Beck was Promoted.
2. The copy of Training records of Detective Beck for the past 5 years. Academies attended (FBI or PA Bureau of Investigation) if any; and specific training in the art of conducting criminal Interviews.
3. The number (only) of Interviews Detective Beck conducted regarding the Death of Marc Joseph Havay.
Pursuant to Section 902(a) of the Right to Know Law, the OOR requires an additional 30 days to respond because (check all that apply):

☐ The request for access requires redaction of a record in accordance with Section 706 of the RTKL;
☐ The request for access requires the retrieval of a record stored in a remote location;
☒ A timely response to the request for access cannot be accomplished due to bona fide and specific staffing limitations;
☐ A legal review is necessary to determine whether the record is a record subject to access under the RTKL;
☐ The requester has not complied with the Agency’s policies regarding access to records;
☐ The requester refuses to pay applicable fees authorized by the RTKL;
☐ The extent or nature of the request precludes a response within the required time period.

The Agency expects to respond to your request on or before June 2, 2018. Duplication fees should not exceed $10.00.

Sergeant Lewis L. Carl
Open Records Officer
Bloomsburg Police Department
119 East 7th Street
Bloomsburg, PA 17815
570-784-4155, ext. 161
lcarl@bloomsburgpa.org

May 29, 2018

Via E-mail

Robert Havay
10869 N. Minnewawa Ave.
Clovis, CA 93619

Re: Request for Public Records Received on May 3, 2018 - Final Response

Dear Mr. Havay:

This letter responds to your request for public records that was received by the Bloomsburg Police Department on May 3, 2018. Pursuant to this request, you seek copies of public records (as defined in Pennsylvania's Right-to-Know Law, 65 P.S. §§ 67.101 et seq. ("RTKL")) consisting of:
1. Date Detective Beck was Promoted
2. The copy of Training records of Detective Beck for the past 5 years. Academies attended (FBI or PA Bureau of Investigation) if any; and specific training in the art of conducting criminal Interviews.
3. The number (only) of Interviews Detective Beck conducted regarding the Death of Marc Joseph Havay

Please note at the outset that requests for public records to the Town of Bloomsburg and the Bloomsburg Police Department are generally governed by the RTKL and Resolution No. 12-08-08.01. More specifically, Section 703 of the RTKL directs that requesters may seek access to or copies of records; however, requesters must "identify or describe the records sought with sufficient specificity to enable the agency to ascertain which records are being requested" and requesters may not ask questions. 65 P.S. § 67.703. In addition, Section 705 of the RTKL provides that agencies are not required to create a record that does not otherwise exist or to compile a record in a particular manner in which the agency does not otherwise compile the information. 65 P.S. § 67.705.

Your request is granted in part and denied in part.

With respect to your request in No. 2 above for Detective Beck's training records, your request is granted and the records responsive to this request are attached. To the extent that you have requested that the training records contain certain information that is not otherwise contained within the responsive records, this request is denied because the RTKL does not require agencies to create records that do not otherwise exist. 65 P.S. § 67.705.

While your request may not be a model of clarity, requests No. 1 and 3, in their entirety, and the second and third clauses of request no. 2 seek facts rather than records. Other than your request for training records (which has been granted), your request does purport to or even attempt to describe any records which might be maintained. The purpose of the RTKL is not to secure answers to interrogatories but rather to obtain access to certain non-exempt public records. As such, your request for facts is denied as outside the scope of the RTKL. 65 P.S. § 67.703.

Conclusion

You may have a right to appeal this response to your RTKL request, in which case your appeal must be filed within 15 business days of the mailing date of this letter, as provided in Section 1101 of the RTKL. 65 P.S. § 67.1101. Any such appeal must be in writing and filed with the Office of Open Records in compliance with the RTKL and the instructions from the Office of Open Records; except that appeals relating to access to criminal investigative records must be appealed to the Columbia County's Office of the District Attorney. For your convenience, complete instructions on how to file an appeal, is available at http://openrecords.state.pa.us/.

Please note that, at a minimum, an appeal must include copies of (i) your initial request to the Bloomsburg Police Department, (ii) all correspondence between us relating to your request (including this letter); and (iii) the grounds upon which you assert that the information or records sought is a public record and shall address the grounds stated in this correspondence for rejecting or denying the request. 65 P.S. § 67.1101(a)(1). Failure to comply with these or any other applicable requirements may result in the rejection or denial of your appeal.
Respectfully,

Sergeant Lewis L. Carl
Open Records Officer
Bloomsburg Police Department
119 East 7th Street
Bloomsburg, PA 17815
570-784-4155, ext. 161
lcarl@bloomsburgpa.org

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>.

Good afternoon,

The Office of Open Records will look into receipt of your appeal. Could you please provide a copy of the emailed appeal or forward a copy where it shows the email it was sent to and the date/time information?

Thank you,

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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> | jsostar@pa.gov<mailto:jsostar@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.

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>.

Mr. Beryl,

I am writing in regards to the appeal you contacted our Office about earlier today. Would you please forward to our office the original email you sent on June 19, 2018 so that we can docket your appeal. The email can be sent to this address with a copy to me: RA-OpenRecords@pa.gov<mailto:RA-OpenRecords@pa.gov> Thank you.

[cid:image001.jpg@01CB50E7.66A46B70]

Nathanael Byerly
Deputy Director
Office of Open Records
(717)346-9903
333 Market Street, 16th Floor Harrisburg, PA 17101-2234
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.

I apologize. I meant to type Mr. Lipton.

Dear Parties,

Please see the attached appeal that has been filed with the Office of Open Records and the Final Determination that has been made.

Sincerely,

[cid:image001.jpg@01D2E506.B8677C80]

Faith Henry
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | https://openrecords.pa.gov<https://openrecords.pa.gov/>

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.

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>.

Mr. Lipton,

We are treating your correspondence as a Petition for Reconsideration of the Final Determination. We will formally respond within 15 days.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Charles Rees Brown
Chief Counsel
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 425-5991
(717) 425-5343 (facsimile)
charlebrow@pa.gov<mailto:charlebrow@pa.gov> http://openrecords.pa.gov<http://openrecords.pa.gov/>
www.newPA.com<http://www.newpa.com/> | www.visitPA.com<http://www.visitpa.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.

I realize that it is Ms. Lipton. Please accept my apologies.

Dear Parties,

Please see the attached correspondence on behalf of the Office of Open Records.

Sincerely,

[cid:image001.jpg@01D2E506.B8677C80]

Faith Henry
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | https://openrecords.pa.gov<https://openrecords.pa.gov/>

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.

Kindly note, submissions should be addressed to Charles Rees Brown at charlebrow@pa.gov<mailto:charlebrow@pa.gov>.

Thank you,

Faith

Good Morning Sergeant Carl,

Per your request, attached please find all of the documents in this appeal and reconsideration.

Please forward all future correspondence directly to the Appeals Officer and all other parties.

Sincerely,

Faith

[cid:image001.jpg@01D2E506.B8677C80]

Faith Henry
Administrative Officer
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 346-9903<tel:%28717%29%20346-9903> | https://openrecords.pa.gov<https://openrecords.pa.gov/>

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.

Dear Appeals Officer Applegate,

This correspondence is sent on behalf of the Respondent, the Bloomsburg Police Department in the on-going matter of Havay v. Bloomsburg Police Department, Docket No: AP 2018-1187. This correspondence is in response to the order of July 25, 2018 that reopened the appeal of the Requestor. This appeal should be denied. As stated in our correspondence of May 29th, requests #1 and #3 which were denied because that are seeking facts, not records. The purpose of the Right to Know Law is to obtain access to certain non-exempt, public records. It is not to secure answers to interrogatories. The denied request that is being appealed requested information, not specific records and should therefore be denied.
Regards,

Sergeant Lewis L. Carl
Bloomsburg Police Department
119 East 7th Street
Bloomsburg, PA 17815
lcarl@bloomsburgpa.org
Phone: (570)784-4155 x 161
Phone: (570)317-2846 x 161
Fax:(570)317-2408

Sergeant Lewis,

The OOR has reviewed your submission of August 3, 2018, and it does not address the salient issue in the appeal, i.e., whether additional training records of Detective Beck exist beyond those which were previously provided to Mr. Havay. The OOR will reopen the record to permit your department to submit an affidavit addressing the question of whether any additional training records exist. Please address Mr. Havay's position that additional training records should exist. You may make a submission no later than the close of business August 17, 2018. Please be advised that if you make a submission electronically, you may make a submission up to 11:59:59 p.m. Finally, please keep in mind that any statement of fact MUST be submitted by affidavit in order to be considered.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Charles Rees Brown
Chief Counsel
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 425-5991
(717) 425-5343 (facsimile)
charlebrow@pa.gov<mailto:charlebrow@pa.gov> http://openrecords.pa.gov<http://openrecords.pa.gov/>
www.newPA.com<http://www.newpa.com/> | www.visitPA.com<http://www.visitpa.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.

Mr. Havay,

This was submitted to the OOR in the above-referenced appeal.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Charles Rees Brown
Chief Counsel
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 425-5991
(717) 425-5343 (facsimile)
charlebrow@pa.gov<mailto:charlebrow@pa.gov> http://openrecords.pa.gov<http://openrecords.pa.gov/>
www.newPA.com<http://www.newpa.com/> | www.visitPA.com<http://www.visitpa.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.

Parties,

Please find attached the final determination issued in this matter.

Respectfully,

[cid:image001.jpg@01CB50E7.66A46B70]
Charles Rees Brown
Chief Counsel
Office of Open Records
333 Market Street, 16th Floor
Harrisburg, PA 17101-2234
(717) 425-5991
(717) 425-5343 (facsimile)
charlebrow@pa.gov<mailto:charlebrow@pa.gov> http://openrecords.pa.gov<http://openrecords.pa.gov/>
www.newPA.com<http://www.newpa.com/> | www.visitPA.com<http://www.visitpa.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.

Beryl,

Hope your new year is off to a good start. Attached is the Final Determination that was issued in the case.

Nathan