Public officials' social media retention policies

Beryl Lipton filed this request with the West Virginia Division of Protective Services (WV Capitol Police) of Charleston, WV.

It is a clone of this request.

Status
Rejected

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the West Virginia Freedom of Information Act and the West Virginia Open Governmental Proceedings Act, I hereby request the following records:

- Absolutely any and all policies and procedures related to the use and retention of postings, comments, and direct messages by any social media page officially associated with this agency or a public official in its employ

- Absolutely any and all policies related to the retention of public officials' social media content related to public government business. Please include any such policies for Facebook, Twitter, Nextdoor, or any other social media platforms, including policies related to the retention of comments and reactions to posts, as well as direct messages and private conversations related to official business.

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,

Beryl Lipton

From: West Virginia Division of Protective Services (WV Capitol Police)

Good afternoon. This email is in response to your request under the W.Va. Freedom of Information Act, W.Va. Code ยง29B-1-1 et seq, sent to Jeff Sandy, Cabinet Secretary, Department of Military Affairs and Public Safety but regarding "West Virginia Division of Protective Services (WV Capitol Police)."

Specifically, you requested:

"Absolutely any and all policies and procedures related to the use and retention of postings, comments, and direct messages by any social media page officially associated with this agency or a public official in its employ;"

And

"Absolutely any and all policies related to the retention of public officials' social media content related to public government business. Please include any such policies for Facebook, Twitter, Nextdoor, or any other social media platforms, including policies related to the retention of comments and reactions to posts, as well as direct messages and private conversations related to official business."

Please be advised that neither Secretary Sandy nor the Office of the Secretary is the custodian of any records responsive to your request.

Please instead direct your request to:

W.Va. Division of Protective Services
c/o Kevin Foreman, Director
State Capitol Building 1, Room 152-A
Charleston, WV 25305
kevin.j.foreman@cappd.wvsp.gov<mailto:kevin.j.foreman@cappd.wvsp.gov>

With this reply, the responsibility of the West Virginia Department of Military Affairs and Public Safety, Office of the Secretary, to respond to your initial request is at an end. If you feel the information contained in this response is contrary to law you may institute an action for declaratory and/or injunctive relief in the Circuit Court of the county in which you assert the records are kept, subject to all jurisdictional procedural prerequisites, which are specifically not waived.

Lawrence Messina
Director of Communications
West Virginia Department of Military Affairs and Public Safety
West Virginia State Capitol
Building 1, Room W-400
Charleston, WV 25305
O: 304.957.2515
M: 304.205.3037
F: 304.558.6221
Web: www.dmaps.wv.gov<http://www.dmaps.wv.gov/>
Follow us on Twitter: @WVDMAPS

WVDMAPS Divisions and Agencies:
Adjutant General/National Guard (WVNG); Corrections (DOC); Justice & Community Services (DJCS); Juvenile Services (DJS); State Fire Marshal; Homeland Security & Emergency Management (DHSEM); Homeland Security State Administrative Agency (HS-SAA); Parole Board; Professional Development Center (PDC); Protective Services/Capitol Police; Regional Jail & Correctional Facility Authority (RJA); State Police; and the West Virginia Intelligence Fusion Center.
PRIVILEGED AND CONFIDENTIAL: This email and any attachments contain information from the West Virginia Department of Military Affairs and Public Safety. It is intended for the exclusive use of the intended addressee only. It may contain information that is proprietary, confidential or privileged, or law enforcement-sensitive. It is protected by all applicable doctrines or privileges, including, but not limited to applicable state and federal law, the attorney-client privilege and the work-product doctrine. These doctrines and privileges are not waived by virtue of sending this communication in error. If you are not the addressee, or have somehow received this communication in error, you are notified that any use, dissemination, disclosure, distribution, forwarding, printing or copying of this communication and any attachments is prohibited, and may be a violation of state or federal law. If you received this communication in error, please immediately delete this communication along with any attachments or files, and destroy all written or electronic copies. Please notify us of the errant communication and your action by phone at 304-558-2930 or by return email. THANK YOU!

From: West Virginia Division of Protective Services (WV Capitol Police)

The request has been rejected by the agency.

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