Calls for Service - Cordoza
| Tracking # |
F007003-102022 |
| Submitted | Sept. 29, 2022 |
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Communications
From: Jeremy Borden
To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Please provide all records of calls for service and incident reports involving the following address:
400 Old Point Avenue, Hampton, Virginia 23669
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,
Tom Nash, a citizen of Virginia, in coordination with Jeremy Borden.
From: Hampton Police Division
Dear Tom Nash:
Thank you for your interest in public records of City of Hampton, Virginia. Your request has been received and is being processed in accordance with the Virginia Freedom of Information Act. Your request was received in this office on 10/20/2022 and given the reference number F007003-102022 for tracking purposes. Requests received after 4:30pm on a business day will be processed the following business day. Requests received on weekends, holidays, or other days City offices are closed will be processed on the next business day. Records Requested: -Incident Report
-To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Please provide all records of calls for service and incident reports involving the following address:
400 Old Point Avenue, Hampton, Virginia 23669
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,
Tom Nash, a citizen of Virginia, in coordination with Jeremy Borden.
Your request will be forwarded to the relevant department(s) to locate the records you requested and to determine if there are any costs associated with responding to your request. The city has 5 business days to respond to you, either by asking for more details about the request; filling the request; filling part of the request; denying the request; or letting you know that the city needs more time. If all or part of your request is denied, the city will state what parts of the Virginia Freedom of Information Act exempt that information from mandatory public release. Note that FOIA does not require governments to create records that do not currently exist. Governments can charge the cost of locating, reviewing, and copying records, and can request a deposit if the cost is estimated to be more than $200.
You can monitor the progress of your request at the link below and you will receive an email when your request has been completed. Again, thank you for using the Hampton Public Records Portal.
City of Hampton, Virginia
From: Hampton Police Division
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of October 20, 2022, Reference # F007003-102022
Dear Mr. Nash,
The City of Hampton, Virginia received a Freedom of Information Act request from you on October 20, 2022 in which you requested:
"-Incident Report-To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Please provide all records of calls for service and incident reports involving the following address:
400 Old Point Avenue, Hampton, Virginia 23669
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,
Tom Nash, a citizen of Virginia, in coordination with Jeremy Borden."
Please be advised that the level of activity and attention necessary to isolate and review files and electronic systems for records potentially responsive to your request make the response quite labor intensive given current workloads in affected departments. Under those circumstances, it is difficult for the City to reasonably determine, within five (5) working days, all of the records that may be responsive, whether any exemptions from disclosure may apply, and whether to exercise any such exemptions. Accordingly, the City will take the additional seven (7) work days provided in Virginia Code §2.2-3704(B)(4) to provide a response to your request.
If you have any questions, please feel free to contact me.
Thank you for your attention.
Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
cheryl.mansfield@hampton.gov
From: Jeremy Borden
Hi - Could you please provide a status update for this request? Thank you!
From: Hampton Police Division
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of October 20, 2022, Reference # F007003-102022
Dear Mr. Nash,
The City of Hampton, Virginia received a public information request from you on October 20, 2022. Your request mentioned: “-Incident Report-To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
Please provide all records of calls for service and incident reports involving the following address:
400 Old Point Avenue, Hampton, Virginia 23669
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,
Tom Nash, a citizen of Virginia, in coordination with Jeremy Borden.”
The City of Hampton, Virginia has reviewed its files and has located responsive records to your request. Please log in to the Public Records Portal at the following link to retrieve responsive documents as provided by the Hampton Police Division. FOIA Request - F007003-102022
Please be advised that the City declines to provide you with a copy of the five (5) page Police Incident Report and four (4) one (1) page attachments, as provided by the Hampton Police Division which are responsive to your request, in accordance with Code of Virginia § 16.1-301(C)(3) which specifically states that "[i]nspection of law-enforcement records concerning juveniles shall be permitted only by… [a]ny other person, agency, or institution by order of the court…having a legitimate interest in the case or in the work of the law-enforcement agency."
As such, we are unable to provide you with a copy of these documents without a court order.
There may be another means to obtain this report outside of FOIA; for example, through your attorney, if you are represented, or via discovery in pending litigation.
Please find included a one (1) page public copy of Police Incident Report #17-0313051 and a one (1) page public copy of Police Incident Report #17-1009013 as provided by the Hampton Police Division which contains criminal incident informed as defined and required to be released under Virginia Code § 2.2-3706.1(B).
Please be advised that the City declines to provide you with the entirety of the nine (9) page Police Incident Report #17-0313051, two (2) page Communications Event Report, the entirety of the five (5) page Police Incident Report #17-1009013 and two (2) page Communications Event Report as provided by the Hampton Police Division which are responsive to your request in accordance with Virginia Code § 2.2-3706.1(D) which specifically provides that “Criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of this chapter.”
There may be a means outside of FOIA for you to obtain the records you have requested either through a request to your attorney, if you are represented, or discovery in pending litigation.
If you have any questions, please feel free to contact me.
Thank you for your attention.
Cheryl H. Mansfield
FOIA/Litigation Paralegal
Hampton City Attorney’s Office | 22 Lincoln Street, 8th floor | Hampton, VA 23669
Telephone: (757) 727-6127 | Fax: (757) 727-6788
cheryl.mansfield@hampton.gov
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From: Jeremy Borden
Hi,
Thanks so much for your help with this request! I really appreciate it. Will let you know if I have any questions.
Sincerely,
Jeremy Borden
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Virginia Freedom of Information Act request, copied below, and originally submitted on Oct. 20, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #F007003-102022.
Thanks for your help, and let me know if further clarification is needed.
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