Lt. Brian Vanes disciplinary/personnel records

Christopher Schiano filed this request with the Delaware State Police of Delaware .
Status
Rejected

Communications

From: Jonathan Rudenberg


To Whom It May Concern:

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

Any written or digital records of any disciplinary history (including but not limited to complaints, commendations, awards, promotions, or demotions) regarding Lt. Brian Vanes of the Delaware State Police.

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.

Please note that I am a citizen of Delaware, and am using MuckRock's services to help manage and track my request.

Sincerely,

Jonathan Rudenberg

From: Delaware State Police

Sent: Friday, August 09, 2019 1:50 PM
To: '63168-00443669@request.muckrock.com' <63168-00443669@request.muckrock.com>
Subject: FOIA Rudenberg MuckRock DSP Lt. Brian Vanes 63168-00443669

RE:
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This email is to acknowledge that your request was received by the Delaware Department of Safety and Homeland Security (DSHS). Please note that FOIA allows access to "public records," unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of "public record" and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures). Your request has been sent for legal review. We will provide an update in approximately 15 business days.

From: Delaware State Police

RE:
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RE: 63168-00443669

Jonathan Rudenberg
MuckRock News
DEPT MR 63168
411A Highland Ave
Somerville, MA 02144-2516

Mr. Rudenberg:
By letter you made a request under the Delaware Freedom of Information Act (FOIA) for: “Any written or digital records of any disciplinary history (including but not limited to complaints, commendations, awards, promotions, or demotions) regarding Lt. Brian Vanes of the Delaware State Police.”

The Division of the Delaware State Police (DSP) has reviewed your request and determined that your request(s) are exempt under all of the following exemptions:

First, any records are exempt as they are part of personnel, medical or pupil file, the disclosure of which would constitute an invasion of personal privacy, under this legislation or under any State or federal law as it relates to personal privacy;, 29 Del. C. § 10002(l)(1). Second, the records you have requested are exempt from disclosure pursuant to 29 Del. C. §10002(l)(6). Section 10002(l)(6) of title 29 of the Delaware Code provides that records exempted from public disclosure by statute or common law are not “public records.” 29 Del. C. §10002(l)(6); Section 11 Del. C. 92 of the Delaware Code provides that “all records compiled as a result of any investigation subject to the provisions of this chapter and/or a contractual disciplinary grievance procedure shall be and remain confidential and shall not be released to the public.” 92 Del. C. 9200 (c)(12). Additionally, it provides that “no law-enforcement agency shall be required to disclose in any civil proceeding, other than those brought by a citizen against a law-enforcement officer alleging that the officer breached the officer's official duties and that such breach resulted in injury or other damage to the citizen, any: (1) Personnel file; or (2) Internal affairs investigatory file compiled in connection with a law-enforcement officer under investigation or subjected to questioning for any reason which could lead to disciplinary action, demotion, or dismissal.” 92 Del. C. 9200(d). Therefore, DSP is not permitted by statute to disclose the data you have requested. Finally, DSP further objects on the basis that the request appears to originate from out of the State, public bodies are only required to comply with FOIA when the requesting party is a citizen of the State of Delaware. See McBurney v. Young, 569 U.S. 221 (2013); see also Del. Op. of the Attn’y Gen. 16-IB20 (Sept. 30, 2016), unless a valid Delaware address for the requester is provided. The Division of the Delaware State Police considers your FOIA request closed.

Sincerely,

Colonel Nathaniel McQueen, Jr.
Superintendent

From: Delaware State Police

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

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