Rick Smith Executive Session Notes [Center County Prison]

Rich Jones filed this request with the Center County Correctional Facility of Center, PA.
Tracking # 2017-0664
Status
Rejected

Communications

From: Rich Jones

To Whom It May Concern:

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

Any and all documents created during, mentioning, after or otherwise relating to the prison board executive session held on August 31, 2016, including searches for all minutes, event proceedings, notes, presentations, memoranda, emails, faxes, instant messages, press releases and any other analog or digital communications. The existence of these proceedings were previously discussed in public by Michelle Klein of the Centre Daily Times on September 1, 2016 in an article entitled "County prison warden terminated."

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,

Rich Jones

From: Natalie W. Corman

Good afternoon. Please see the attached documents concerning the Right to Know Request. Thank you very much.

Natalie W. Corman
Human Services Administrator/Deputy County Administrator
420 Holmes Street
Room 337
Bellefonte, PA 16823
(814) 355-6700
(814)355-6762 (direct)
nwcorman@centrecountypa.gov<mailto:nwcorman@centrecountypa.gov>

The information in this message may be privileged, confidential, and protected from disclosure. If the reader of this message is neither the intended recipient, or an employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified any dissemination, distribution, unauthorized use, or copying of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by replying to this message and delete the communication from your computer. Thank you!

From: Rich Jones

This is an appeal to the response for my Right to Know Act to the request to the Centre County Correctional Facility for "Any and all documents created during, mentioning, after or otherwise relating to the prison board executive session held on August 31, 2016, including searches for all minutes, event proceedings, notes, presentations, memoranda, emails, faxes, instant messages, press releases and any other analog or digital communications. The existence of these proceedings were previously discussed in public by Michelle Klein of the Centre Daily Times on September 1, 2016 in an article entitled "County prison warden terminated.""

The request was not denied, but the wrong documents were provided as a response. The request was for documents created on August 31, 2016, and the documents provided were for September 1, 2016.

The requested documents are actually directly referenced in the documents returned to me, on the first page: "Denise L. Elbell, Acting County Administrator reported an Executive Session held Wednesday, August 31 2016 from 8:07 to 9:20 AM to discuss personnel matters." This is the Executive Session I am inquiring about. My request also included a request for communications related to this Executive Session, which were not provided. I do not believe that the responding records officer acted in bad faith, but unfortunately my inquiry remains unresolved.

I would also like to be very clear about the specific information I am seeking: I am interested in the reasons for termination for the Center County Prison Warden Rick Smith and any and all documents related to the investigation and discussion which led to his offer of resignation and termination, as described in the September 1st documents.

I believe the public interest in this information is self-evident given the authority that the office of the Warden holds over the lives of the inmates of the Center County Correctional Facility. This information is not only important to the public as a whole in the interest of judicial transparency and accountability, but also to any inmate whose conviction, sentencing, appeal or parole status may have been directly influenced by the actions of their former Warden.

Thank you very much,
Rich Jones

From: DC, OpenRecords

Good Afternoon,

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!

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

Faith Henry
Administrative Officer
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
(717) 346-9903<tel:%28717%29%20346-9903> | http://openrecords.pa.gov<http://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.

From: MuckRock

To Whom It May Concern:

Please find attached additional materials related to the appeal assigned AP 2017-0002 and copied below.

Thank you so much for your help.

From: Natalie W. Corman

Good afternoon. Please see the attached documents concerning the appeal submitted to Centre County. If you have further questions, please let us know. Thank you very much.

Natalie W. Corman
Human Services Administrator/Deputy County Administrator
420 Holmes Street
Room 337
Bellefonte, PA 16823
(814) 355-6700
(814) 355-6762
nwcorman@centrecountypa.gov<mailto:nwcorman@centrecountypa.gov>

The information in this message may be privileged, confidential, and protected from disclosure. If the reader of this message is neither the intended recipient, or an employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified any dissemination, distribution, unauthorized use, or copying of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by replying to this message and delete the communication from your computer. Thank you!

From: Young, Joshua

Dear Ms. Corman:

Thank you for your e-mail regarding the above-referenced Right-to-Know appeal. In an effort to further develop the record, please provide the Office of Open Records ("OOR") with a sworn affidavit or statement made under the penalty of perjury attesting to the factual assertions contained in the County's January 11, 2017 correspondence. The County's supplemental submission should be received by the OOR no later than the end of the day (11:59:59 p.m.) on January 20, 2017.

Thank you for your prompt attention to this matter.

Very truly yours,

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

Joshua T. Young | Attorney
Office of Open Records
Commonwealth Keystone Building
400 North St., Plaza Level
Harrisburg, PA 17120-0225
(717) 346-9903<tel:%28717%29%20346-9903> | http://openrecords.pa.gov<http://openrecords.pa.gov/>
joshyoung@pa.gov<mailto:joshyoung@pa.gov> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

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

From: Natalie W. Corman

Good afternoon. Attached is the requested affidavit. Thank you very much.

Natalie W. Corman
Human Services Administrator/Deputy County Administrator
420 Holmes Street
Room 337
Bellefonte, PA 16823
(814) 355-6700
(814)355-6762 (direct)
nwcorman@centrecountypa.gov<mailto:nwcorman@centrecountypa.gov>

The information in this message may be privileged, confidential, and protected from disclosure. If the reader of this message is neither the intended recipient, or an employee or agent responsible for delivery of this message to the intended recipient, you are hereby notified any dissemination, distribution, unauthorized use, or copying of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by replying to this message and delete the communication from your computer. Thank you!

From: Young, Joshua

Dear Parties:

Attached please find the Final Determination issued in the above Right-to-Know appeal.

Very truly yours,

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

Joshua T. Young | Attorney
Office of Open Records
Commonwealth Keystone Building
400 North St., Plaza Level
Harrisburg, PA 17120-0225
(717) 346-9903<tel:%28717%29%20346-9903> | http://openrecords.pa.gov<http://openrecords.pa.gov/>
joshyoung@pa.gov<mailto:joshyoung@pa.gov> | @OpenRecordsPA<https://twitter.com/OpenRecordsPA>

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

From: Carpenter, Jacquelyn R.

Mr. Jones,

Attached please find a copy of the Petition for Review of Final Determination Issued by Pennsylvania Office of Open Records that was filed in the Centre County Court of Common Pleas today.

Jackie R. Carpenter
Legal Assistant
jcarpenter@babstcalland.com<mailto:crile@babstcalland.com>
[Description: Description: Description: babstcalland]

330 Innovation Blvd.,
Ste. 302
State College, PA 16803

Main 814.867.8055
Fax 814.867.8051
www.babstcalland.com<http://www.babstcalland.com/>

________________________________
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. Thank you, Babst, Calland, Clements & Zomnir, P.C.
________________________________

From: Center County Correctional Facility

An interim response, stating the request is being processed.

From: Center County Correctional Facility

The request has been rejected by the agency.

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