RTD communication with DPD re: protests April 28 2015

Christopher Thomas filed this request with the Regional Transportation District of Denver, CO.

It is a clone of this request.

Tracking # RTD-15-096
Status
Completed

Communications

From: Christopher Schiano

To Whom It May Concern:

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

All emails, letters and other communication dated from April 27, 2015 to April 29, 2015 between RTD employees and any employees of the Denver Police Department or the City of Denver regarding protest activity on April 28, 2015.

To help clarify my request and provide context for the records custodian, here are some various online links specifying the protest event:
http://notmytribe.com/2015/occupy-denver-stands-with-baltimore-dpd-blocks-march-to-union-station-photos-842601.html
https://twitter.com/mcsole/status/593252523571445761

On the evening of April 28, 2015 a protest march was held in Denver in response to the killing of Freddie Gray by police in Baltimore. Protesters approached RTD's Union Station at the end of this march and were prevented from entering by the station by RTD security as well as a large group of Denver Police officers in riot gear.

Please understand my request to include, but not be limited to, any communications between RTD and the Denver Police Department regarding the presence of protesters on RTD property, or the coordination of RTD staff (or RTD contractor staff) with the police department's response to protests.

Please also understand my request to include, but not be limited to, any emails in RTD databases which were received from or sent to any email address ending in @denvergov.org between April 27, 2015 and April 29, 2015 which contain the words "protest" "protester" or "protesters".

If you deny this request for records in whole or in part, I ask that you provide a written statement explaining the reason for the denial that cites the legal authority that is the basis for the denial. If any of the requested records are in active use, in storage or otherwise unavailable at this time, I likewise request that you provide a statement informing me of the reason they are currently unavailable and a date and hour at which time the records will be available for inspection.

I also request that 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 3 business days, as the statute requires.

Sincerely,
Christopher Schiano

From: Jaquez, Christine L.

Hello Mr. Schiano,

RTD is in receipt of your request. Please consider this RTD’s required three day response. RTD will begin working on your this request but it is possible that it will require research and staff time. We are currently determining the fees for this request. The reference number for this request is RTD-15-08-96.

Requests for Multiple Documents:

Extenuating circumstances that necessitate an extended response period as follows (CRS 24-72-203(3)(a)):

Requests Taking More than 1 Hour of Staff Time will result in fees of $30.00 per hour (including research, assembly, monitoring of inspection, and copying). No work will commence until after payment of estimated costs; RTD will send or make available documents within 15 working days after payment of actual costs.

*RTD does not grant fee waivers.

Thank you, Tina Jaquez

From: Jaquez, Christine L.

Hello,
Please note that the fee for this request, RTD-15-096 will be $90. No work will commence until after payment is received.

Thank you.

FEES (By check only), payable to RTD and sent to

RTD-CORA Attn: Tina Jaquez

1600 Blake Street

Denver, CO 80202

Credit cards not accepted.

From: Christopher Schiano

Tina,

I am confused about the nature of the $90 fee. You may notice that the language I use in this current request is basically the same language I used in my CORA request # RTD-15-085, with only the date and details of the event in question changing in this request. The fee for CORA request # RTD-15-085 was $60. Since CORA request # RTD-15-085 covered a period of four days (December 12, 2014 to December 16, 2014) and this request with nearly identical language and keywords only covers two days (April 27, 2015 to April 29, 2015) I consider the $30 increase in the fee to be burdensome and unreasonable. This appears to be an attempt to discourage me from continuing to request records by demanding higher fees for public records.

Please consider this my formal appeal to challenge the $90 fee for this request. I request a reduction to a $60 (or lower) fee, since this request is in fact smaller in scope than CORA request # RTD-15-085 which cost $60.

Thank you

From: CORA Requests

Mr. Schiano,

Tina Jaquez has asked to provide clarification on this fee. While you later request (RTD-15-096) is similar to RTD-15-085 it was reported by I.T. that the search through our email systems required 3 hours of staff time. I assure there is no attempt to dissuade you from filing CORA’s with RTD, it simply took longer this time, perhaps there were more emails that had to be crawled through.

If you would like to proceed with this CORA, please provide the fee of $90 to the address below.

*RTD does not grant fee waivers.

FEES (By check only), payable to RTD and sent to

RTD-CORA Attn: Lisa Dorrance

1560 Broadway Suite 600 FAS-61

Denver, CO 80202

Credit cards not accepted.

Paper Copies: $0.25 per page for B&W 8.5 x 11; actual cost for other types Cost $

CD / DVD: $5 per CD) DVD: ($15 per DVD) Cost $

Staff Time: 3 hrs at $ 30.00 per hour for research/assembly) Cost $ 90

____ hrs at $____ per hour for monitoring of inspection) Cost $

____ hrs at $____ per hour for copying) Cost $

Total CORA Fee: $90

If you have any further concerns/questions on this request, please send them to CORA@rtd-denver.com<mailto:CORA@rtd-denver.com>
Regards,

Lisa Vallejo-Dorrance
RTD-FasTracks/Capital Programs Document Control Manager
Interim Enterprise Records and Information Manager
Civic Center Building
1560 Broadway, Suite 600
Denver, CO 80202
303.299.6920 / 303.299.6994 (fax)
lisa.dorrance@rtd-denver.com<mailto:lisa.dorrance@rtd-denver.com>
http://www.facebook.com/RideRTD
www.twitter.com/RideRTD

From: Christopher Schiano

Tina,
Payment for this request should be delivered to your office within the next few days. I apologize for the delay and thank you for your assistance.

sincerely,
Christopher Schiano

From: MuckRock

To Whom It May Concern:

Please find enclosed a check for $90 to satisfy the fee associated with the attached public records request.

Thank you.

From: Christopher Schiano

Tina,

Could you please confirm that payment was received and provide an estimated timeline of when records will be produced responsive to this request?

thank you so much

From: CORA Requests

No we have not received payment for this request. On what date and to what address did you mail the check?

Lester Burns
Records Analyst, RTD

From: MuckRock

Hello,

The check was sent on Thursday, November 19, 2015 to:

RTD-CORA
Attn: Tina Jaquez
1600 Blake Street
Denver, CO 80202

Thank you.

From: Christopher Schiano

Just checking if payment for this CORA request (reference no. RTD-15-096) has been received yet?

Thanks.
Christopher Schiano

From: CORA Requests

Mr. Schiano,

As of today’s mail we have yet to receive the check. Will notify you when the check does arrive.

Lester Burns
Records Analyst, RTD

From: Christopher Schiano

Lester,

Thanks for the update & thanks for your patience dealing with this request. I will wait to hear back from you.

best,
Christopher Schiano

From: CORA Requests

Mr. Schiano,

The check arrived today and RTD will start work on your CORA request.

Lester Burns
Records Analyst, RTD

From: Christopher Schiano

Lester,

Thank you for the update. Can you please provide me with an estimated timeline of when records will be produced responsive to my request?

Thanks again for all your help.

sincerely,
Christopher Schiano

From: CORA Requests

Mr. Schiano,

RE: CORA RTD-15-096

RTD has 15 days to respond to your CORA request once funds are received. Funds for this request were received on the 25th of November 2015.

Lester Burns
Records Analyst, RTD

From: CORA Requests

Mr. Schiano,

Please see the attached document in response to your request. This document has been redacted where necessary in compliance with CORA (C.R.S. 24-72-309). This document includes all communication between RTD and DPD in this matter.

RTD now considers this request closed.

Regards,

Lisa Vallejo-Dorrance, CIP
RTD-FasTracks/Capital Programs Document Control Manager
Interim Enterprise Records and Information Manager
Civic Center Building
1560 Broadway, Suite 600
Denver, CO 80202
303.299.6920 / 303.299.6994 (fax)
[cid:image001.jpg@01D13674.BEFAAAA0]
lisa.dorrance@rtd-denver.com<mailto:lisa.dorrance@rtd-denver.com>
http://www.facebook.com/RideRTD
www.twitter.com/RideRTD

From: Christopher Schiano

I request a refund of fees, as the imposition of a $90 fee for a mere six pages seems arbitrary and capricious.

From: CORA Requests

Mr. Shiano,

The $90 fee is to pay for staff time needed to conduct the email search. I.T. reported that this would take 3 hours of research which is what you were billed for. This was also explained to you in the attached email from me on Oct. 29th and it is also spelled out in our CORA fee standards. Although, the searches may not produce what the requestor is asking for, it still requires staff billing hours. Because of this, RTD will not be refunding your fee.

Extenuating circumstances that necessitate an extended response period as follows (CRS 24-72-203(3)(a)):

Requests Taking More than 1 Hour of Staff Time will result in fees of $30.00 per hour (including research, assembly, monitoring of inspection, and copying). No work will commence until after payment of estimated costs; RTD will send or make available documents within 15 working days after payment of actual costs.

Regards,

Lisa Vallejo-Dorrance, CIP
RTD-FasTracks/Capital Programs Document Control Manager
Interim Enterprise Records and Information Manager
Civic Center Building
1560 Broadway, Suite 600
Denver, CO 80202
303.299.6920 / 303.299.6994 (fax)
[cid:image001.jpg@01D137E2.BCFDEEF0]
lisa.dorrance@rtd-denver.com<mailto:lisa.dorrance@rtd-denver.com>
http://www.facebook.com/RideRTD
www.twitter.com/RideRTD

From: Dorrance, Lisa

Mr. Schiano,

Please see the attached emails concerning RTD-15-096. Please note, 5 emails in this matter were held back per our Legal Department under (Statute CRS § 24-72-204 (3)(a)(IV),). They are privileged attorney-client communications: communications made for the purpose of providing/receiving legal advice. The communications were in the context of advice as to what information could/must be legally withheld in accordance with CORA.

RTD now considers this request closed.

Regards,

Lisa Vallejo-Dorrance, CIP
RTD-FasTracks/Capital Programs Document Control Manager
Interim Enterprise Records and Information Manager
Civic Center Building
1560 Broadway, Suite 600
Denver, CO 80202
303.299.6920 / 303.299.6994 (fax)
[cid:image001.jpg@01D1424C.8DDE7850]
lisa.dorrance@rtd-denver.com<mailto:lisa.dorrance@rtd-denver.com>
http://www.facebook.com/RideRTD
www.twitter.com/RideRTD

From: Christopher Schiano

To whom it may concern,

This request is clearly incomplete, as all responsive records have not yet been produced. Allow me to explain.

The two emails given to me in response to my request are in .pdf format, not .msg format that emails have been delivered in for a previous request - for my earlier request RTD-15-085 I was given a cd containing .msg files. Some relevant information is lost during .pdf conversion. One email, entitled "Fwd:", and sent on April 28, 2015 9:17 AM to RTD employee John Perry, is shown to include two attachment files - image004.png and image001.jpg. Another email, entitled "Fwd: New Event" and sent on April 28, 2015 9:17 AM to RTD employee John Perry, is shown to include three attachment files - image009.jpg, image010.jpg, and image001.jpg. These .jpg and .png attachment files should have been included in the earlier response to my request, as they are clearly records responsive to my CORA request RTD-15-08-9(As far as I am concerned, this CORA request is still incomplete.)

These .jpg and .png attachment files from the two April 28 emails to John Perry, named above, clearly fall under the scope of my original CORA request RTD-15-08-96. Please send them to me pursuant to the original terms of this request. I can accept the files on their own, delivered digitally via email or physically by cd, I am also prepared to accept the original email message .msg files which would include the .jpg and .png attachments.

I have already paid the fee for the request to which these .jpg and .png attachment files clearly exist as responsive records.

I look forward to this request being fully completed.

If you deny this request for records in whole or in part, I ask that you provide a written statement explaining the reason for the denial that cites the legal authority that is the basis for the denial.

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,
Christopher Schiano

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