Three incidents - all reports request

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 F007001-102022 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

Other

-To Whom It May Concern:

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

Please provide all records, including all incident reports and independent supplemental reports related or any written material or investigative notes and reports attached, audio, video and bodycam footage (if applicable) and any other records regardless of medium associated with the following three incidents:
• According to an online portal of incident and arrest reports reported by the Hampton Police Division, on February 13, 2015, an incident report for case 150213045 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud against an innkeeper and names A.C. Cordoza in the report.
• On November 28, 2016, an incident report for case 161128059 was filed. According to the Hampton Police Division, the report relates to a primary offense of threatening bodily harm, and it names A.C. Cordoza.
• On June 11, 2017, an incident report for case 170613017 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud, and it names A.C. Cordoza.

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

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of October 20, 2022, Reference # F007001-102022

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 ReportOther-To Whom It May Concern:

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

Please provide all records, including all incident reports and independent supplemental reports related or any written material or investigative notes and reports attached, audio, video and bodycam footage (if applicable) and any other records regardless of medium associated with the following three incidents:
• According to an online portal of incident and arrest reports reported by the Hampton Police Division, on February 13, 2015, an incident report for case 150213045 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud against an innkeeper and names A.C. Cordoza in the report.
• On November 28, 2016, an incident report for case 161128059 was filed. According to the Hampton Police Division, the report relates to a primary offense of threatening bodily harm, and it names A.C. Cordoza.
• On June 11, 2017, an incident report for case 170613017 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud, and it names A.C. Cordoza.

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

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of October 20, 2022, Reference # F007001-102022
Dear Mr. Nash,
The City of Hampton, Virginia received a public information request from you on October 20, 2022. Your request mentioned: “-Incident ReportOther-To Whom It May Concern:

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

Please provide all records, including all incident reports and independent supplemental reports related or any written material or investigative notes and reports attached, audio, video and bodycam footage (if applicable) and any other records regardless of medium associated with the following three incidents:
• According to an online portal of incident and arrest reports reported by the Hampton Police Division, on February 13, 2015, an incident report for case 150213045 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud against an innkeeper and names A.C. Cordoza in the report.
• On November 28, 2016, an incident report for case 161128059 was filed. According to the Hampton Police Division, the report relates to a primary offense of threatening bodily harm, and it names A.C. Cordoza.
• On June 11, 2017, an incident report for case 170613017 was filed. According to the Hampton Police Division, the report relates to a primary offense of fraud, and it names A.C. Cordoza.

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 - F007001-102022
Please find included a one (1) page public copy of Police Incident Report #15-0213045, a one (1) page Police Incident Report #16-1128059, and a one (1) page Police Incident Report #17-0613017 as provided by the Hampton Police Division which contain 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 seven (7) Page Police Incident Report #15-0213045,  one (1) page attachment, two (2) page Communications Event Report,  the entirety of the ten (10) page Police Incident Report #16-1128059, one (1) page attachment, two (2) page Communications Event Report, four (4) Body Worn Camera videos, the entirety of the five (5) page Police Incident Report #17-0613017, two (2) page Communications Event Report, and two (2) Body Worn Camera videos 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