|Submitted||Aug. 1, 2018|
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To Whom It May Concern:
Pursuant to the The Kansas Open Records Act, I hereby request the following records:
Any and all agreements, contracts, or MOU's between the Kansas Department of Corrections and Immigrations and Custom Enforcement (ICE), including the agreement mentioned in the first page of this document (https://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-5/05-108a)
I also request that, if appropriate, 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.
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 3 business days, as the statute requires.
August 2, 2018
DEPT MR 58882
411A Highland Ave
Somerville, MA 02144-2516
Dear Ms. Komatsoulis,
I am writing to advise you that the Kansas Department of Corrections (KDOC) received your e-mailed request on August 2, 2018, for the following information:
* Any and all agreements, contracts, or MOU's between the Kansas Department of Corrections and Immigrations and Custom Enforcement (ICE), including the agreement mentioned in the first page of this document (https://www.doc.ks.gov/kdoc-policies/AdultIMPP/chapter-5/05-108a)
In accordance with K.S.A. 45-218 (d), we have begun the process of determining if we possess any public records meeting the terms of your request and how best to proceed. Soon we will provide you with one or more of the following:
1. Copies of the requested public records.
2. A statement concerning our inability to locate any public records meeting the terms of your request.
3. A request for additional clarification concerning the types of records or information you are seeking.
4. Record requests that can be provided with less than one hour of staff time will not be billed for labor. If we determine that our office possesses the public records you request, but are voluminous, difficult to locate, and/or contain information that may include open and closed information, we will provide you with a written estimate of the fees that we will require be pre-paid in order to pay for the actual costs associated with (a) locating and/or retrieving the public records from storage, (b) staff time spent in assisting with making copies of the records, including staff time spent examining the records for possible closure and/or redaction, and (c) copying and mailing the requested public records. In addition to billing for labor that exceed one hour of staff time, the following rates shall apply:
* Copies, 25 cents per page after 100 pages
* Staff time will be charged at the rate of pay for each person whose time is used in order to assist and/or respond to a specific request. This may include the time spent to access records maintained on computer facilities, review records to determine whether closure exceptions apply and /or to redact open from closed information. For the purpose of transparency, our rates are as follows: general staff time will be charged at $20 per hour, and information technology (IT) services and Legal staff services will be charged at $38 per hour.
* Additional fees may be assessed if any other costs are incurred by KDOC in connection with complying with a record request. KDOC will provide an estimate of the fees which shall be paid prior to the department gathering the records. In order to ensure payment, the final cost of providing access to or furnishing copies must be paid before the records are provided. If the final cost is less than the estimate, the requestor will be reimbursed for the difference.
1. If we determine that we do possess the records, but that the records are subject to closure by law, we will provide you with that information with a written citation to the laws allowing or requiring that type of public record to be closed.
We will respond as soon as possible to your Kansas Open Records Act request. Please feel free to contact me with any questions.
Kansas Department of Corrections
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Aug. 1, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
We could not locate any agreements, contracts or MOU's between KDOC and ICE. Although the policy referenced appears to refer to a completed agreement, no such document could be located. I am of the understanding that the MOU was worked on and agreed to but that the contents were then spelled out in the policy referenced below rather than formalized in an MOU.
Chief Legal Counsel
Kansas Department of Corrections
714 SW Jackson, Suite 300
Topeka, KS 66603
Subject: FW: The Kansas Open Records Act Request: ICE