Rolling Stone emails
| Submitted | Dec. 18, 2014 |
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Communications
From: Tom Nash
To Whom It May Concern:
Pursuant to Virginia Freedom of Information Act, I hereby request the following records:
All emails mentioning Rolling Stone sent or received by Charlottesville Police between Sept. 2014 and the time this request is processed.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Tom Nash
From: Sandridge, Cheryl
Mr. Nash,
Your FOIA request has been received by the Charlottesville Police Department. The Charlottesville Police Department declines to provide the documents requested in accordance with the provisions of Code of Virginia § 2.2-3704(A), pertaining to the applicability of Virginia’s FOIA requirements. This FOIA matter is considered closed.
Sincerely,
Lt. C. S. Sandridge
Administrative Services Bureau Commander
Charlottesville Police Department
434-970-3999
sandridge@charlottesville.org<mailto:sandridge@charlottesville.org>
From: Tom Nash
Dear Lt. Sandridge,
The FOIA code calls for you to acknowledge how many responsive documents you are withholding in addition to other information. You do not cite any specific reason from within the code for not releasing the documents. The exemptions you allude to are outlined here http://foiacouncil.dls.virginia.gov/Applicability_Exemptions/Records_Exemptions.htm. Should any of those apply, let's talk about how such records could be redacted appropriately.
Thanks
Tom
From: Sandridge, Cheryl
Mr. Nash,
Your link refers to Code of Virginia § 2.2-3705. Our response refers you to § 2.2-3704(A). This section makes clear that the provisions of the Virginia FOIA ensuring access to records are applicable only to Virginia citizens and others meeting certain limited criteria. Your message indicates that you are located in Massachusetts. Accordingly, the Charlottesville Police Department declines to provide the documents you have requested. This FOIA matter is considered closed.
Sincerely,
Lt. C. S. Sandridge
Administrative Services Bureau Commander
Charlottesville Police Department
434-970-3999
sandridge@charlottesville.org
From: Tom Nash
Hi Lt. Sandridge,
I am a resident of Virginia. MuckRock processes requests in Boston, but the request is being made by a Virginia resident.
Thanks
Tom
From: Sandridge, Cheryl
Hi Tom,
Could you provide some information to support Virginia residency?
Also, the original request that you have made is extremely broad in scope and is going to require a good deal of time to evaluate, redact, etc. I am prepared to create an estimate for that scope of work, however, depending on what you information you are seeking, we may be able to narrow down your request to a more manageable project. If I can assist with that, just let me know. The University of Virginia has recently released information related to the Rolling Stone article that may help you locate some of the information you are seeking.
Thanks,
Lt. C. S. Sandridge
Administrative Services Bureau Commander
Charlottesville Police Department
434-970-3999
sandridge@charlottesville.org<mailto:sandridge@charlottesville.org>
From: Tom Nash
Good afternoon Lt. Sandridge,
I am curious to know how many emails this original request would involve but I'm most interested in any correspondence that may have come from President Sullivan or her office. How about you let me know and then we can maybe narrow the date time frame or just to emails sent/received by her office?
As far as my residency, I live at 430 South Pine St. Richmond -- although the DMV may still have me at 112 S. Pine.
Thanks
Tom
From: Sandridge, Cheryl
Tom,
If Investigators and their supervisors talk about the procedure and outcomes of investigations by e-mail, these would mostly be part of “investigative files” and exempt from FOIA, (however, I would check them to be sure). At other times, we have conversations between staff and external sources, as in your example, President Sullivan or her office. These e-mails are often not as much investigative, as administrative, and may be less restricted by FOIA. Is it safe to say that you are looking for the more administrative type? This would certainly narrow your search. If not, that’s fine, I’m just trying to clarify your answer a bit.
Lt. Sandridge
Lt. C. S. Sandridge
Administrative Services Bureau Commander
Charlottesville Police Department
434-970-3999
sandridge@charlottesville.org
From: Tom Nash
Hi Lt. Sandridge,
I believe what I'm looking for would fall under the "administrative" category, but I also don't want to exclude anything that could be considered investigative but releasable in part. But maybe let's go with whatever you consider "administrative" for now.
Thanks
Tom
From: Sandridge, Cheryl
Tom,
Attached you will find e-mails between our Chief and others at UVa that occurred after the article was released. While not all of them say “Rolling Stone” as you requested, they occurred as a result of the article, so I have included them for your review. You will notice a small part of the e-mail has been redacted, these are sensitive phone numbers and a name. Information relating to specific cases are criminal investigative files excluded from the disclosure requirements of FOIA pursuant to Va. Code § 2.2-3706(A)(2)(a).
Lt. C. S. Sandridge
Administrative Services Bureau Commander
Charlottesville Police Department
434-970-3999
sandridge@charlottesville.org
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From: Tom Nash
Hi Lt. Sandridge,
Thank you for sending this along, and including the PACC talking points. I really appreciate your help.
Tom
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