FOIA Log FY2013-2014 (Delaware DOJ)

Jonathan Rudenberg filed this request with the Department of Justice of Delaware.

It is a clone of this request.

Status
Completed

Communications

From: Jonathan Rudenberg

To Whom It May Concern:

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

The FOIA logs for the fiscal years 2013 and 2014.

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 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 15 business days, as the statute requires.

Sincerely,

Jonathan Rudenberg

From: OpenGovernment (DOJ)

Mr. Rudenberg:

Attached please find Deputy Attorney General Fortune's response to your Freedom of Information Act request.

Best Regards,

Janice Guevarez, M.S.
Administrative Specialist II
Department of Justice
820 N. French Street
Civil Division, 6th Floor
Wilmington, DE 19801
Phone: (302) 577-8400
Fax: (302) 577-6630

P Please consider the environment before printing this e-mail

From: Jonathan Rudenberg

Thanks for the prompt response!

The Freedom of Information Act requires a document to be maintained that includes for each request "at a minimum, the requesting party's contact information, the date the public body received the request, the public body's response deadline, the date of the public body's response (including the reasons for any extension), the names, contact information and dates of correspondence with individuals contacted in connection with requests, the dates of review by the public body, the names of individuals who conducted such reviews, whether documents were made available, the amount of copying and/or administrative fees assessed, and the date of final disposition."

Based on the log you provided, it looks like the following fields are missing:

- whether documents were made available
- the names, contact information and dates of correspondence with individuals contacted in connection with requests
- the dates of review by the public body, the names of individuals who conducted such reviews
- the amount of copying and/or administrative fees assessed

Were the fields removed, or are they tracked in another document? In either case, I request that the missing fields be provided.

Thanks!

Jonathan Rudenberg

From: Jonathan Rudenberg

Thanks for the prompt response!

The Freedom of Information Act requires a document to be maintained that includes for each request "at a minimum, the requesting party's contact information, the date the public body received the request, the public body's response deadline, the date of the public body's response (including the reasons for any extension), the names, contact information and dates of correspondence with individuals contacted in connection with requests, the dates of review by the public body, the names of individuals who conducted such reviews, whether documents were made available, the amount of copying and/or administrative fees assessed, and the date of final disposition."

Based on the log you provided, it looks like the following fields are missing:

- whether documents were made available
- the names, contact information and dates of correspondence with individuals contacted in connection with requests
- the dates of review by the public body, the names of individuals who conducted such reviews
- the amount of copying and/or administrative fees assessed

Were the fields removed, or are they tracked in another document? In either case, I request that the missing fields be provided.

Thanks!

Jonathan Rudenberg

From: Fortune, Katisha D (DOJ)

This is a statutory requirement but per our response, our office does not (yet) have a log in place yet that tracks each of these items. You were sent the only record we maintain that is responsive to your request and as I’m sure you are aware, FOIA does not require our office to create a record that is responsive to FOIA requests.

Best regards,

Katisha Fortune

Katisha D. Fortune
Deputy Attorney General
820 N. French Street, 6th Floor
Wilmington, DE 19801
(302) 577-8375
Katisha.Fortune@state.de.us

CONFIDENTIALITY NOTICE: This electronic message and any attachments are confidential and may be subject to the attorney/client privilege and/or work product privilege. This e-mail is only for the use of the intended recipient or recipients. If you have received this e-mail in error, please notify me immediately by replying to this e-mail, then delete the message and any attachments from your system. Any unintended transmission expressly shall not waive the attorney/client privilege, the work product privilege or any other applicable privilege.

From: OpenGovernment (DOJ)

The request below indicates that you submitted a request on April 1, 2015 and copied it below, but there was no text to indicate what the request was. Kindly resend and I will look into whether your request was received and if so, what its status is. Please also provide the requester's name.
Best regards,

Kim Siegel
Legislative Affairs Manager
FOIA Coordinator
Delaware Department of Justice

From: Siegel, Kim (DOJ)

Dear Beryl,

We have received some scattered emails, about MuckRock requests. Earlier I sent a message to this email address asking about the April 1 request, which appears to be included here. But this appears to be seeking clarity regarding a FOIA log request, and I do not have the original request for that. Could you please provide the original request?

Many thanks,

Kim Siegel, MPA
Legislative Affairs Manager
FOIA Coordinator
Delaware Department of Justice
302-577-5306

From: MuckRock

Hello Ms. Siegel,

Thanks so much for your message, and I apologize for the confusion. I believe things should be aligned appropriately with this request now. The request to which Mr. Rudenberg was referring was for "The FOIA logs for the fiscal years 2013 and 2014." Communications regarding this request should be sent to requests@muckrock.com.

Thanks so much for your help and patience,
Beryl, MuckRock

From: MuckRock

Hello Ms. Siegel,

Here is the initial request, initially submitted from this email address on April 1, 2015.

Thanks for your help!
Beryl, MuckRock

To Whom It May Concern:

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

The FOIA logs for the fiscal years 2013 and 2014.

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 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 15 business days, as the statute requires.

Sincerely,

Jonathan Rudenberg

From: OpenGovernment (DOJ)

May 20, 2016

Mr. Jonathan Rudenberg
requests@muckrock.com<mailto:requests@muckrock.com>

Re: Spring 2015 FOIA Requests to the Delaware Department of Justice

Dear Mr. Rudenberg,

You recently requested updates regarding two requests made in spring of 2015. The FOIA deputy and staff who received these requests have since left the Department of Justice and we were not aware that they remained outstanding. We sincerely apologize for the delay and thank you for bringing it to our attention.

Enclosed you will find the FOIA log for 2013-2014 that you requested with all information that was entered by the responsible staff at that time. Residential addresses and contact information have been redacted to protect their privacy.

We are also working on your request for budget and spending information related to legal research. Because you specified in your request that you seek the amount spent on PACER for 2000-present and our existing system only goes back to 2010, we asked the Department of Technology and Information and the Division of Accounting to estimate a cost to retrieve the preceding years' information. Because files that far back require code to be written in order to access them and a security team must validate the data before it is put on disk, DTI estimates that it will take one day or 7.5 hours at $39.20 per hour, the hourly rate of the lowest-paid employee capable of doing the work. The total would be $294, which we would require to be paid in full before the information was retrieved. If the process takes less than 7.5 hours, the difference would be refunded to you. If you wish to amend your request for spending to 2010 to present, we can retrieve the PACER spending information at no cost. Please advise us by May 27, 2016 if you would like to amend your request.

Sincerely,

/s/ Kim Siegel

Kim Siegel, MPA
FOIA Coordinator

From: OpenGovernment (DOJ)

I had left the office before this came in; however, I received another email after this that reiterated the May 20 request to limit the inquiry regarding PACER spending to 2010 to present. Unless advised otherwise, that is the course we will take.

Kim Siegel, MPA
Legislative Affairs Manager
FOIA Coordinator
Delaware Department of Justice
302-577-5306

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