Inmate Calling Services complaints (Delaware)

Dear Beryl Lipton:

The Delaware Department of State has received your FOIA request dated June 15, 2017. With this email I am forwarding your request to Douglas Denison, Department of State's Director of Community Relations and to the Delaware Public Service Commission for review and response. The Commission will notify you directly if more information or time is needed to provide a final response. (See the complete request below.)

Under State law - Title 29 Delaware Code § 10003(h)(1) - the public body shall respond to a FOIA request as soon as possible, but in any event within 15 business days after the receipt thereof, either by providing access to the requested records, denying access to the records or parts of them, or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within 15 business days, the public body shall cite the reason why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

Cordially,

Tammy Stock
Delaware Department of State - FOIA Coordinator
Delaware Public Archives

Good morning,

This email is in response to the FOIA request submitted on June 15, 2017 for all complaints regarding interstate and intrastate inmate calling services rates or service. (See the complete request below.)
The Public Service Commission checked their databases for any complaints regarding inmate or prison calling services with no results. The Public Service Commission does not regulate these service contracts and rates. The contracts for rates and services for state owned facilities are handled by the Department of Technology and Information. You may also consider submitting your request to the Department of Correction in case they have additional information.

I am copying on this email the Department of Technology and Information, and the Department of Correction FOIA coordinators.

With this response, we now consider your request with the Public Service Commission closed.

Sincerely,

Tammy Stock
FOIA Coordinator - Delaware Department of State
Delaware Public Archives

Good Morning, Mr. Lipton:

Please provide the DOC with a time frame for your request, along with the specific search terms you are requesting the DOC’s information and technology personnel to use in conducting a records search. Once you have provided that information, the DOC will provide you with a cost estimate of the charges expected to be incurred in retrieving such records. See 11 Del. C. § 10003(i)(2). Please be aware that the DOC may require administrative fees for requests requiring more than 1 hour of staff time to process. 11 Del. C. § 10003(m)(2).

Thank you,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
•: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.

DATE: June 30, 2017

TO: Beryl Lipton
MuckRock
Dept MR 38751
411A Highland Ave
Somerville, MA 02144-2516

FROM: Elayne M. Starkey
Chief Security Officer
State of Delaware
Department of Technology and Information
801 Silver Lake Boulevard
Dover, Delaware 19904

RE: Freedom of Information Act Request

I am writing to confirm receipt of your Freedom of Information Act request dated June 16, 2017 and introduce myself as your point of contact. In your request you asked for all complaints regarding interstate and intrastate inmate calling service rates or service.

The Department of Technology and Information does not have any files on complaints for the inmate calling service rates or service.

If you have any questions, please contact me at 302-739-9631 or by email at elayne.starkey@state.de.us<mailto:elayne.starkey@state.de.us>.

Sandra Ennis-Alexander, CISSP, MBCP
Disaster Recovery Coordinator
Business Continuity/Disaster Recovery Team
Department of Technology and Information
State of Delaware
302-739-9637 (phone)
302-677-7097 (fax)
[(121x68)-no-Tag-Line]

From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Friday, June 16, 2017 11:00 AM
To: Starkey, Elayne (DTI)
Subject: RE: Freedom of Information Act Request: Inmate Calling Services complaints (Delaware)

June 16, 2017
Public Service Commission
861 Silver Lake Blvd #100
Dover, DE 19904

This is a follow up to a previous request:

Hi there,

I was directed to send this public records request to your office. Could you please confirm that you've received it and let me know if I should redirect it elsewhere?

Thanks so much!
Beryl
---

On June 16, 2017:
Hello Ms. Stock,

Thank you so much for your swift response and helpful direction. I'll follow up with the noted agencies.

Have a lovely weekend,
Beryl
---

On June 16, 2017:
Good morning,

This email is in response to the FOIA request submitted on June 15, 2017 for all complaints regarding interstate and intrastate inmate calling services rates or service. (See the complete request below.)
The Public Service Commission checked their databases for any complaints regarding inmate or prison calling services with no results. The Public Service Commission does not regulate these service contracts and rates. The contracts for rates and services for state owned facilities are handled by the Department of Technology and Information. You may also consider submitting your request to the Department of Correction in case they have additional information.

I am copying on this email the Department of Technology and Information, and the Department of Correction FOIA coordinators.

With this response, we now consider your request with the Public Service Commission closed.

Sincerely,

Tammy Stock
FOIA Coordinator - Delaware Department of State
Delaware Public Archives

---

On June 15, 2017:
Dear Beryl Lipton:

The Delaware Department of State has received your FOIA request dated June 15, 2017. With this email I am forwarding your request to Douglas Denison, Department of State's Director of Community Relations and to the Delaware Public Service Commission for review and response. The Commission will notify you directly if more information or time is needed to provide a final response. (See the complete request below.)

Under State law - Title 29 Delaware Code § 10003(h)(1) - the public body shall respond to a FOIA request as soon as possible, but in any event within 15 business days after the receipt thereof, either by providing access to the requested records, denying access to the records or parts of them, or by advising that additional time is needed because the request is for voluminous records, requires legal advice, or a record is in storage or archived. If access cannot be provided within 15 business days, the public body shall cite the reason why more time is needed and provide a good-faith estimate of how much additional time is required to fulfill the request.

Cordially,

Tammy Stock
Delaware Department of State - FOIA Coordinator
Delaware Public Archives

---

On June 15, 2017:
To Whom It May Concern:

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

All complaints regarding interstate and intrastate inmate calling services rates or service

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 15 business days, as the statute requires.

Sincerely,

Beryl Lipton

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For mailed responses, please address (see note):
MuckRock
DEPT MR 38751
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
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[Image removed by sender.]

Good Morning, Mr. Lipton:

As a followup to my previous request, please see my email below.

Thank you,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
•: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.

Hello:

The only files related to interstate and intrastate inmate calling services rates or service in DTI’s possession are the procurement files. We performed an exhaustive search on those files for the records you were seeking.

Sandra Ennis-Alexander, CISSP, MBCP
Disaster Recovery Coordinator
Business Continuity/Disaster Recovery Team
Department of Technology and Information
State of Delaware
302-739-9637 (phone)
302-677-7097 (fax)
[(121x68)-no-Tag-Line]

Good Morning, Mr. Lipton:

As a second followup to my previous request, please see my email below.

Thank you,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
•: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.

-------

From: Bennett, Kerri L (DOC)
Sent: Friday, June 16, 2017 11:51 AM
To: 'requests@muckrock.com' <requests@muckrock.com<mailto:requests@muckrock.com>>
Subject: RE: Freedom of Information Act Request: Inmate Calling Services complaints (Delaware)

Good Morning, Mr. Lipton:

Please provide the DOC with a time frame for your request, along with the specific search terms you are requesting the DOC’s information and technology personnel to use in conducting a records search. Once you have provided that information, the DOC will provide you with a cost estimate of the charges expected to be incurred in retrieving such records. See 11 Del. C. § 10003(i)(2). Please be aware that the DOC may require administrative fees for requests requiring more than 1 hour of staff time to process. 11 Del. C. § 10003(m)(2).

Thank you,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
•: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.

Good Morning, Mr. Lipton:

We are currently in the processing of gathering the documents for your request and need additional time to finalize the response. I apologize for the delay.

Thank you for your patience,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
•: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.

Mr. Lipton:

Please accept this acknowledgment and response to the request for information you sent to the Department of Correction on June 16, 2017 requesting all complaints regarding interstate and intrastate inmate calling services rates or service specifically materials from January 1, 2015 through the most recent reports including the procurement materials, the contract, and any associated invoices.
The Department of Correction denies your FOIA request for the complaints for the following reasons. First, 29 Del. C. § 10002(l)(6) excludes the records you have requested because they are specifically exempted from public disclosure by statute. 11 Del. C. § 4322(a) ("the supervision history and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall not be disclosed directly or indirectly to anyone other than the courts as defined in § 4302 of this title, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General or others entitled by this chapter to receive such information")).

In response to your request for the contract and procurement materials, please find enclosed the executed Contract No. DTI15001-INMT-PBLC Inmate & Public Coin Telephone Services maintained and managed on behalf of the Delaware Department of Correction (DOC) by the Delaware Department of Technology & Information (DTI). Also, please find the link below to the Request for Proposal w/Addenda that is a part of the contract. If you would like to request a copy of any of the associated invoices, please contact Mike Malik, who manages the contract for DTI on behalf of DOC @ mike.malik@state.de.us<mailto:mike.malik@state.de.us>.

http://contracts.delaware.gov/contracts_detail.asp?i=2954

This fully resolves your request and this matter is now closed.

Thank you for contacting the Delaware Department of Correction.

Sincerely,

Kerri

Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
*: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>

CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.