CNA Consultants draft report

To Whom It May Concern:

Pursuant to the Vermont Public Records Act, I hereby request the draft report from CNA, which reporter Courtney Lamdin recently reported on in her story for 7Days: https://www.sevendaysvt.com/OffMessage/archives/2021/09/15/assessment-of-burlington-police-finds-serious-deficiencies-supports-smaller-force.

The article mentions that the document has not been released publicly, because it is a draft, of which a final version will be released soon. I am requesting a copy of the draft which was released to 7Days. Although it has not yet been published, it is a public record subject to the Vermont Public Records Act, and I am requesting a copy under that law.

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 3 business days, as the statute requires.

Sincerely,
Brian Waters

This is an appeal under the Vermont Public Records Act.

On 9/15, I filed a public records request to the city attorney's office asking for a copy of the draft of the CNA report which 7Days recently reported on. On 9/20, I received a response stating that the draft report is exempt under exception 1 V.S.A. § 317 (c)(17), which pertains to "records of interdepartmental and intradepartmental communications... to the extent that they cover other than primarily factual materials and are preliminary to any determination of policy."

Furthermore, assistant city attorney Timothy Devlin wrote in his denial letter, "The apparent disclosure of this draft report to a member of media was unsanctioned by the City, and the City does not considered this record as purposefully disclosed for public review." Simply put, this is completely irrelevant to the question of whether or not the document is a public record subject to disclosure under the Vermont Public Records Act.

On the subject of exemption (c)(17), the draft report is a product furnished to the city by a hired private-sector consultant, and cannot not meet any definition of interdepartmental or intradepartmental communications, since it is a communication between a private entity and the city, and not a communication between different parts of the city. While communications between city officials regarding the contents of the draft might well be covered by the exemption, the draft itself clearly is not.

As such, I am requesting that the draft be released to me in full as soon as possible.

Thank you,
Brian Waters

Hello,

On October 18, I sent the mayor's office an appeal to a public records denial that I had earlier received from your office (the city attorney's office). I have not received a response. Since your office is responsible for public records requests, and handles them frequently, I am forwarding my appeal here in the hopes that you can forward it to the mayor.

The original request (which concerned a draft version of the recent report from CNA) and the appeal should be reproduced below.

Thanks,
Brian Waters