Email Re: Ad Hoc Commission

Yani Yancey filed this request with the Fairfax County Government Department of Information Technology of Fairfax County, VA.
Status
Completed

Communications

From: Yani Yancey

To Whom It May Concern:

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

All email messages from the past 60 days sent or received by Sharon Bulova, Clayton Medford David Rohrer, Ed Long, Jr., Edwin Roessler, Jr, Lucy Caldwell, and Tony Castrilli pertaining to the Ad Hoc Police Practices Review Commission (as announced here http://www.fairfaxcounty.gov/policecommission/).

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made 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 5 business days, as the statute requires.

Sincerely,

Yani Yancey

From: Gore, Charles

Yani Yancey,

DIT has received your request. Per Va. Code Ann. 2.2-3704(A), can you please provide me your legal address before we proceed?

Thanks,

Charlie Gore
Department of Information Technology
County of Fairfax, Virginia
12000 Government Center Parkway, Fairfax, VA 22035 | (703)324-2157

From: Yani Yancey

Mr. Gore,

It is 2226 White Cornus Lane, Reston, VA 20191.

Thanks,
Yani

From: Yani Yancey

Mr. Gore,

Would you please provide the method by which this estimate was devised? Also is this estimate based on the rate of pay for the lowest paid person capable of filling this request, as the Virginia FOIA Council recommends?

Please reply to the email address this request was submitted from requests@muckrock.com. I did not supply the other email address that you sent the below response to when I submitted this request.

Thank you,
Yani
_______________________

From:Gore, Charles
Tue, Mar 10, 2015 at 6:01 PM
To: yani.yancey@**********

Yani Yancey,

The Department of Information Technology (DIT) is in receipt of your VFOIA request emailed on March 3, 2015 for the following information:

· All email messages from the past 60 days sent or received by Sharon Bulova, Clayton Medford, David Rohrer, Ed Long, Jr., Edwin Roessler, Jr, Lucy Caldwell, and Tony Castrilli pertaining to the Ad Hoc Police Practices Review Commission (as announced here http://www.fairfaxcounty.gov/policecommission/).

Pursuant to Va. Code Ann. § 2.2-3704(F), the County is entitled to make reasonable charges not to exceed its actual costs for accessing, duplicating, supplying or searching for the requested records. Because the County has determined in advance that the cost of processing your request will exceed $200, you are required to pay the amount of the advance determination before DIT will process your request. Va. Code Ann. § 2.2-3704(H). The amount of the advance determination is $321.02 based upon an estimated cost for searching the specified individual’s mailboxes for emails responsive to your VFOIA request.

If you would like to proceed with your request, please respond to this email and send a cashier’s check or money order made out to Fairfax County Government in the amount of $321.02 to 12000 Government Center Parkway, Suite 361, Fairfax, VA 22035 Attn: Charlie Gore. Pursuant to Va. Code Ann. § 2.2-3704(B)(4), DIT will require an additional seven work days after receipt of the amount of the advance determination to process your request.

Thank you.

Charlie Gore

Department of Information Technology

County of Fairfax, Virginia

12000 Government Center Parkway, Fairfax, VA 22035 | (703)324-2157

From: Castrilli, Tony

This is in response to your email sent on March 10, 2015, at 6:43 p.m., regarding the amount of the advance determination. The amount of the advance determination of $321.02 was calculated with the following formula: (Estimated staff time for discovery and review of each mailbox) X (number of individual mailboxes) X (Hourly rate of DIT Analyst capable of fulfilling the request) . Based on the request defining email communications on 7 individuals (Sharon Bulova, Clayton Medford, David Rohrer, Ed Long, Jr., Edwin Roessler, Jr, Lucy Caldwell, and Tony Castrilli), we determined the following: (1 hour X 7 mailboxes X $45.86/per hour staff rate) = $321.02. The $45.86 is the hourly rate of the network analyst/system administrator that is authorized to perform this function and perform the queries in our email environment. While you referenced the Virginia Freedom of Information Advisory Council in your email dated March 10, 2015, you did not provide any information regarding the opinion on which you rely. If there is a particular opinion that you would like to bring my attention to, please provide me with the opinion number.

DIT's activities will include querying the individual's mailboxes in the mail journal for the (approximately 60 days of email as specified in the request). Search terms will include variations of the key phrase "Ad Hoc Police Practices Review Commission." Staff will then review the results to determine if the communications are responsive to the request. A medium for fulfillment will then be determined based on the size of the results (email or CD).

If you would like to proceed with your request, please respond to this email and send a cashier's check or money order made out to Fairfax County Government in the amount of $321.02 to 12000 Government Center Parkway, Suite 361, Fairfax, VA 22035 Attn: Charlie Gore. The amount of the advance determination will be credited towards the final cost of accessing, duplicating, supplying, and searching for the requested records, and because this is an advance determination, the final cost may change. Pursuant to Va. Code Ann. § 2.2-3704(B)(4), DIT will require an additional seven work days after receipt of the amount of the advance determination to process your request.

Thank you and please contact me with any questions.

Tony Castrilli
Fairfax County Director of Public Affairs

From: Yani Yancey

Mr. Castrilli,

If I find more specific Virginia FOIA Council guidance than the following, I will share it with you:
"The law presumes a ministerial act when assessing charges. The charges should be based on the hourly rate of salary for administrative/support staff. [Advisory Opinion (AO)-05-02, AO-49-01, AO-06-05, AO-03-12]"
--from http://foiacouncil.dls.virginia.gov/ref/FOIACharges.pdf

However, would you please confirm whether or not the network analyst/system administrator paid at the hourly rate of $45.86 is the lowest paid person capable of filling this particular request? If not, what is that person's hourly rate?

Would you also please let me know what fund or use do fees collected by the Fairfax County Government for FOIA requests go towards?

I will mail the money order for the $321.02 within the next few days.

Thank you,
Yani

From: Castrilli, Tony

Yes the network analyst/system admin paid at the hourly rate of $45.86 is the lowest paid person capable of producing this information.

FOIA fees collected by Fairfax County go into the count general fund.
Thanks,

Tony

From: Castrilli, Tony

Yani,

This FOIA is complete. However, the limit to send content by email is 10MB and this file is 44MB so it is too big. We can mail the content to you, or you can pick up form the front desk of the at the Government Center. Please let me know how you would like to proceed?

Tony

March 24, 2015
Fairfax County Office of Public Affairs
Fairfax County Office of Public Affairs
12000 Government Center Parkway, Fairfax, VA 22035

This is a follow up to a previous request:

Mr. Castrilli,

This is another one of the still outstanding requests that I spoke with you about last night.

Please let me know when this request will be fulfilled.

Thank you,
Yani Yancey
________________
Agendas, meeting minutes, summaries, handouts, records of votes taken, attendance records, and lists of members for all Public Safety Committee Meetings held or scheduled between January 1, 2010 and the date that this request is processed.

---

On March 12, 2015:

Mr. Castrilli,

I prefer to receive these records electronically on CD since you state they are too large to send via email.

If the charge is less than $30, please proceed with filling the request in that format.

Thank you.
Yani
__________________________
This is in response to your request under the Virginia Freedom of Information Act (VFOIA) on March 4, 2015, for "[a]gendas, meeting minutes, summaries, handouts, records of votes taken, attendance records, and lists of members for all Public Safety Committee Meetings held or scheduled between January 1, 2010 and the date that this request is processed." Because the County was closed on March 5, 2015, the five business days to respond did not start to run until March 6, 2015. You requested to be informed of the total charges in advance of fulfilling your request. Because the records responsive to this request had been previously compiled in responding to another VFOIA, there is no cost associated with searching for the records. The records, however, due to 2 PowerPoint attachments, are too large to send via email. The cost of providing you with a hard copy of the records responsive to your request is $ .10 per page, for a total of $6.00. Should you wish to proceed with your VFOIA request, please contact me.

Tony Castrilli
Fairfax County Director of Public Affairs

---

On March 12, 2015:

This is in response to your request under the Virginia Freedom of Information Act (VFOIA) on March 4, 2015, for "[a]gendas, meeting minutes, summaries, handouts, records of votes taken, attendance records, and lists of members for all Public Safety Committee Meetings held or scheduled between January 1, 2010 and the date that this request is processed." Because the County was closed on March 5, 2015, the five business days to respond did not start to run until March 6, 2015. You requested to be informed of the total charges in advance of fulfilling your request. Because the records responsive to this request had been previously compiled in responding to another VFOIA, there is no cost associated with searching for the records. The records, however, due to 2 PowerPoint attachments, are too large to send via email. The cost of providing you with a hard copy of the records responsive to your request is $ .10 per page, for a total of $6.00. Should you wish to proceed with your VFOIA request, please contact me.

Tony Castrilli
Fairfax County Director of Public Affairs

---

On March 12, 2015:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 3, 2015.

Responses to Virginia Freedom of Information Act requests are required within 5 business days.

Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On March 4, 2015:

To Whom It May Concern:

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

Agendas, meeting minutes, summaries, handouts, records of votes taken, attendance records, and lists of members for all Public Safety Committee Meetings held or scheduled between January 1, 2010 and the date that this request is processed.

I am also requesting to be personally notified of all future meetings of the Public Safety Committee via email at yani.yancey@gmail.com<mailto:yani.yancey@gmail.com>.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made 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 5 business days, as the statute requires.

Sincerely,

Yani Yancey

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

For mailed responses, please address (see note):
MuckRock News
DEPT MR 16520
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
[http://email.requests.muckrock.com/o/ZD01NTYmaT0yMDE1MDMyNTAwMzY1MS4yODMwLjkxNTk2JTQwNzJjYjU2YzUtMTQ5OS00ZGVkLWFjNmYtMjU3ZDFmNmEzZTRiLnBydnQuZHluby5ydC5oZXJva3UuY29tJmg9OTBkZTZjMzBkNzU5MGU0YjRkMzU5ZDFiYTRlYzBjODQmY29tbV9pZD0xMzQ4MDAmcj1wdWJsaWNhZmZhaXJzJTQwZmFpcmZheGNvdW50eS5nb3Y]

From: Yani Yancey

Mr. Castrilli,
Thank you for the update.

I will have someone pick it up for me at the front desk today.

Thank you,
Yani

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 3, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Files

There are no files associated with this request.