Right to Know Request: Documents provided by militia to Gettysburg Police Department regarding fake July 4, 2020 "ANTIFA flag burning"

Shawn Breen filed this request with the Gettysburg Police Department of Gettysburg, PA.
Status
Rejected

Communications

From: Shawn Breen


To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Any operational orders, rosters or any other documents including emails provided by any “militia” LARPer groups, but specifically the Pennsylvania Volunteer Militia and/or anyone named Christian Yingling to the Gettysburg Police Department or that were shared with the Gettysburg Police Department from any other law enforcement agency or other governmental body regarding the blatantly obvious fake July 4, 2020 “ANTIFA flag burning” allegedly taking place at Gettysburg National Cemetery, between the dates June 16, 2020 and July 4, 2020. This request is not looking for correspondence between government agencies, only the documents provided to the government agencies by the militia(s). Please reference the included screenshots indicating that documents were shared with law enforcement regarding this event. The Right to Know Request form is also included with this request.

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 5 business days, as the statute requires.

Sincerely,

Shawn Breen

From: Muckrock Staff

Please see attached records request.

Sincerely,
MuckRock

From: Gettysburg Police Department

Shawn Breen

See attachment per your request. Sorry for the problem with email address, I was unaware that it was wrong on the Borough of Gettysburg web site. I hope to have that fixed soon.

Sincerely,

Edith Smith
Open Records Officer
Administrative Supervisor
Gettysburg Borough Police
59 East High St
Gettysburg Pa 17325
esmith@gettysburgpa.gov

From: Shawn Breen

Hello,

I intend to submit a formal written appeal in writing for the Right To Know request denial.

I was wondering if you could clarify which of the 30 exemption categories this denial falls under?

https://pafoic.org/right-to-know-law-exceptions/

It appears that the law cited in this denial is not the PA Right To Know law and is likely to be an inappropriate application of the law.

Thanks very kindly,
Shawn Breen

From: Gettysburg Police Department

Shawn Breen,

Per your email sent on 7-31-20 reference "Right to Know" submitted on July 3, 2020. I sent you a letter dated July 13, 2020 in response to your "Right to Know". See the above sent attachment showing the letter dated July 13, 2020, reference to the Criminal History Record Information Act ("CHRIA") (18 Pa. C.S. § 9101 et seq.) cited therein.

Sincerely,

Edith Smith
Gettysburg Borough Police Department
Open Records Officer

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