City of Cortez Parks and Rec - Wright, Paul, Marchbanks, Carpenter Trails, McDaniel

Charles Jeter filed this request with the City Of Cortez FOIA of Cortez, CO.

It is a clone of this request.

Status
Completed

Communications

From: Charles Jeter

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I am writing to request metadata relating to emails sent To, From, CC, or BCC the following accounts with the following conditions of retrieval:

1. All email discussions between Teri Paul, using any email, but specifically carpenter81321@protonmail.com and sundog2014@yahoo.com, and Director of Parks and Recreation Creighton Wright.

2. All email discussions between Director of Parks and Recreation Creighton Wright and Rachael Marchbanks.

3. Any email between Teri Paul, Rachael Marchbanks, and Creighton Wright, specifically carpenter81321@protonmail.com and sundog2014@yahoo.com.

4. All email discussions between Lance McDaniel and Rachael Marchbanks.

5. All email discussions between Teri Paul, using any email, but specifically carpenter81321@protonmail.com and sundog2014@yahoo.com, and Lance McDaniel which may be cc'd or include other city employees.

Please provide me the following information for all emails sent or cc'd into the City's emails from Jan. 1 2021 to the present to/from/cc/bcc the above-listed accounts:

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date
7. Subject

Please note that I am not requesting the contents of each email. This is lessen the burden as expressed by your city attorney. Please provide each deliverable 1-5, or itemize and concatenate as per the request order for pricing and delivery.

I am more than happy to provide documentation or tips for extracting this information from your mail server if needed. Google's Vault tooling should make this request straightforward to complete. E-mail metadata is trivially exportable from the IT infrastructure of any modern e-mail archiving or data retention system - such as Microsoft Outlook 365, Google, Datacove, etc. - and should be deliverable in a .CSV, .XLS, or other machine readable format.

Please note that I am not requesting the contents of each email. E-mail metadata does not include the contents of the specified e-mails, thus do not need individual review for redaction.

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. If possible, I would request a waiver of all fees for searching or copying these records in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding.

1. When filing this, please note which documents have already been paid for by another FOIA request, and I request that if those documents have already been screened, that they not be duplicated in cost.
2. When estimating cost of per page, please use the discretion allowed by the CORA statute to interpret the pages to be 11x17, multiple columns, and 4 point font. Since this is an electronic request, the print version should not be provided, but for purposes of cost estimation, please take into consideration that Cortez population is underprivileged, and extend the courtesy of pricing accordingly. The law states, Section 24-72-205 (5) (a), C.R.S., (a) A custodian may charge a fee not to exceed twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page; except that a custodian shall not charge a per-page fee for providing records in a digital or electronic format. Please provide this metadata and note that no per-page fee should be levied.
2a. The economic information for this judgment comes from the submission done by myself of Kauffman Indicators of Entrepreneurship for Montezuma County in comparison to many surrounding counties in Utah, New Mexico, and Colorado. As seen in page 8 of the enclosed and publicly presented documents August 22, 2023, Montezuma County has compensation ranking at 39.27% within the Kaufmann Entrepreneurial Jobs Indicators, meaning that the policy taken by Cortez brings it into direct conflict with the interests of the people they impact should they price these or other electronic documents at a punitive rate.
2b. Because these documents are of the public interest, and the population is demonstrably disadvantaged, the policies of Cortez which require hundreds or thousands of dollars to achieve transparency could be construed poorly in civil proceedings, meaning that legal fees could ensue which would further penalize City of Cortez budgets. This is not my intent, therefore I state it up front that the best course of action would be to ensure that FOIA costs are not borne as specified.
3. Staff time to review these documents should reflect the actual costs, not the maximum costs allowed by CORA law, please recalculate these costs taking into consideration both the public interest as well as eliminating from your cost estimate any documents previously screened by staff.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Charles Jeter
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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,

Charles Jeter

From: Muckrock Staff

Hello,

Please find the request form attached. Thank you for your help with this request.

Sincerely,
MuckRock

From: City Of Cortez FOIA

the city attorney is working on this request

Linda L. Smith
City Clerk
City of Cortez
www.cortezco.gov

From: City Of Cortez FOIA

this request has been received and is being reviewed by the City Attorney.

Linda L. Smith
City Clerk
City of Cortez
www.cortezco.gov

From: City Of Cortez FOIA

this request is being reviewed by the City Attorney.

Linda L. Smith
City Clerk
City of Cortez
www.cortezco.gov

From: City Of Cortez FOIA

Mr. Jeter, in response to the request for records pursuant to the Colorado Open Records Act that the City received from you and that is listed below, the City responds as follows:

I. Request:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I am writing to request metadata relating to emails sent To, From, CC, or BCC the following accounts with the following conditions of retrieval:

1. All email discussions between Teri Paul, using any email, but specifically carpenter81321@protonmail.com<mailto:carpenter81321@protonmail.com> and sundog2014@yahoo.com<mailto:sundog2014@yahoo.com>, and Director of Parks and Recreation Creighton Wright.

2. All email discussions between Director of Parks and Recreation Creighton Wright and Rachael Marchbanks.

3. Any email between Teri Paul, Rachael Marchbanks, and Creighton Wright, specifically carpenter81321@protonmail.com<mailto:carpenter81321@protonmail.com> and sundog2014@yahoo.com<mailto:sundog2014@yahoo.com>.

4. All email discussions between Lance McDaniel and Rachael Marchbanks.

5. All email discussions between Teri Paul, using any email, but specifically carpenter81321@protonmail.com<mailto:carpenter81321@protonmail.com> and sundog2014@yahoo.com<mailto:sundog2014@yahoo.com>, and Lance McDaniel which may be cc'd or include other city employees.

Please provide me the following information for all emails sent or cc'd into the City's emails from Jan. 1 2021 to the present to/from/cc/bcc the above-listed accounts:

1. From address
2. To address
3. bcc addresses
4. cc addresses
5. Time
6. Date
7. Subject

Please note that I am not requesting the contents of each email.

II. Response:

The City processed this request pursuant to the Colorado Open Records Act, C.R.S. 24-72-200.1, et seq. (CORA). Pursuant to CORA, there is no charge for the first hour of time spent by the City retrieving and reviewing records, and all time thereafter is charged at $33.58 per hour. This response required less than one hour of staff time, so there is no charge. Attached is a record containing the metadata that is responsive to your request.

If you have any question, please let me know. Thanks

Linda L. Smith
City Clerk
City of Cortez
www.cortezco.gov

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