Compliance with Mask Mandate (Keene Police Department)

Melanie Gaiser filed this request with the Keene Police Department of Keene, NH.
Multi Request Compliance with Mask Mandate
Status
Completed

Communications

From: Melanie Gaiser

To Whom It May Concern:

Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:

1. Any and all police reports regarding actual or alleged violations of or non-compliance with the local mask mandate/ordinance and/or Governor Sununu's Emergency Order #63.

2. Any and all records regarding warnings or fines issued as a result of violations of or non-compliance with the local mask mandate/ordinance and/or Governor Sununu's Emergency Order #63.

Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.

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 be 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,

Melanie Gaiser

From: Keene Police Department

September 18, 2020

Muckrock News
c/o Melanie Gaiser
Dept. MR 102373
411A highland Ave.
Somerville, MA 02144-2516

RE: City of Keene, NH - Right-to-Know request - Keene Police Department re: Local Mask Ordinance and Governor's Emergency Order #63 violations violations

Dear Ms. Gaiser

In accordance with NH R.S.A. Ch. 91-A:4, IV, this is acknowledgement of receipt of your request made under NH R.S.A. Ch. 91-A for access to governmental records of the City of Keene, NH, which was received by this office on Friday, September 18, 2020.

It is the policy of the City of Keene to coordinate the processing of all requests made under NH R.S.A. Ch. 91-A through the Office of the City Clerk. It is also the policy of the City of Keene to request that you provide a written record request with an original signature. I have attached a record request form developed by the City of Keene. Please kindly and sign and return to my attention in the City Clerk's office. If you refuse to provide a request with a written signature, please respond to me indicating your refusal. In the meantime, I will begin processing your unsigned request as provided.

The nature of your right-to-know request is comprehensive and will require assistance from other Departments. It is our intent to commence collecting the information requested at the earliest possible opportunity; however, it may take 30-days or longer to determine whether or not a record(s) exists; and if so, determine whether the record(s) is disclosable; and if disclosable, determine how much time it will take to make the requested record(s) ready for review or copying. You will be informed in writing once the status of your request has changed and of any copying costs prior to the commencement of the work.

Please note that given the COVID-19 Emergency Declaration issued by the Governor of the State of New Hampshire pursuant to Executive Order 2020-04, as extended, response to your Right-to-Know Request may be delayed until the Emergency Declaration is rescinded.

If you have any questions regarding this matter, please contact me directly.

Sincerely,
[wdow]
William S. Dow, CRM
Records Manager/Deputy City Clerk

Office of the City Clerk
3 Washington Street
Keene, NH 03431
(603) 352-0133 ext. 002
wdow@ci.keene.nh.us

________________________________

CONFIDENTIALITY NOTICE
The information contained in this electronic message and any attachments
to this message are intended for the exclusive use of the addressee(s) and
may contain confidential, privileged or exempt information in accordance with
NH RSA 91-A and other applicable laws or regulations. If you are not the
intended recipient, please reply to the City of Keene sender or notify the
City of Keene immediately at (603) 357-9802 and delete or destroy all copies
of this message and any attachments. Any unauthorized use, disclosure, or
distribution of this message and any attachments is strictly prohibited. Thank
you for your assistance.

From: Melanie Gaiser

Dear Mr. Dow:
Thank you for your response. I have received the form and will fax it to your attention.
Best regards,
Melanie Gaiser

From: Keene Police Department

October 6, 2020

Muckrock News
c/o Melanie Gaiser
Dept. MR 102373
411A highland Ave.
Somerville, MA 02144-2516

RE: City of Keene, NH - Right-to-Know request - Keene Police Department re: Local Mask Ordinance and Governor's Emergency Order #63 violations violations

Dear Ms. Gaiser

This is a written statement to update you on the status of your request made under NH R.S.A. Ch. 91-A for access to governmental records of the City of Keene, NH, which was received by this office on Friday, September 18, 2020.

The City of Keene has determined that there are existing governmental records responsive to your request. The Keene Police Department has gathered the responsive records and have forwarded them to the City Attorney's office for review of any information exempt from disclosure to the public under NH State Law. I will send you another written statement upon completion of the City Attorney's review of the responsive records to your request.

Please do not hesitate to contact me directly if you have any further questions or concerns regarding this matter.

Sincerely,
William S. Dow, CRM
Records Manager/Deputy City Clerk

Office of the City Clerk
3 Washington Street
Keene, NH 03431
(603) 352-0133 ext. 002
wdow@ci.keene.nh.us<mailto:wdow@ci.keene.nh.us>

________________________________

CONFIDENTIALITY NOTICE
The information contained in this electronic message and any attachments
to this message are intended for the exclusive use of the addressee(s) and
may contain confidential, privileged or exempt information in accordance with
NH RSA 91-A and other applicable laws or regulations. If you are not the
intended recipient, please reply to the City of Keene sender or notify the
City of Keene immediately at (603) 357-9802 and delete or destroy all copies
of this message and any attachments. Any unauthorized use, disclosure, or
distribution of this message and any attachments is strictly prohibited. Thank
you for your assistance.

---

On Sept. 17, 2020:
Subject: New Hampshire Right to Know Law Request: Compliance with Mask Mandate (Keene Police Department)
To Whom It May Concern:

Pursuant to the New Hampshire Right to Know Law, I hereby request the following records:

1. Any and all police reports regarding actual or alleged violations of or non-compliance with the local mask mandate/ordinance and/or Governor Sununu's Emergency Order #63.

2. Any and all records regarding warnings or fines issued as a result of violations of or non-compliance with the local mask mandate/ordinance and/or Governor Sununu's Emergency Order #63.

Records kept in a digital or electronic form are also records, would be responsive to this request, and should be provided.

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 be 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,

Melanie Gaiser

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For mailed responses, please address (see note):
MuckRock News
DEPT MR 102373
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNyUEOgyAQAMDXlONmd2FVDlxs0m80FjASi0Qp8fvlNIcJTmRQMS_p-07BEQ2jGKM2h6tnbVAsrWGy48oc-lkZtF8-RiaVHCMjIQraDgPBjIiGWE_PeZQX2YfBK54t1l-F3Px-Fb-DL1ld7g7l7u0T7DEeEY4NWv0DaZgoCw]

William S. Dow, CRM
Records Manager/Deputy City Clerk
Office of the City Clerk
3 Washington Street
Keene, NH 03431
wdow@ci.keene.nh.us
(603) 352-0133 ext. 2

________________________________

CONFIDENTIALITY NOTICE
The information contained in this electronic message and any attachments
to this message are intended for the exclusive use of the addressee(s) and
may contain confidential, privileged or exempt information in accordance with
NH RSA 91-A and other applicable laws or regulations. If you are not the
intended recipient, please reply to the City of Keene sender or notify the
City of Keene immediately at (603) 357-9802 and delete or destroy all copies
of this message and any attachments. Any unauthorized use, disclosure, or
distribution of this message and any attachments is strictly prohibited. Thank
you for your assistance.

From: Keene Police Department

Dear Ms. Gaiser,

I apologize for any delay in my response to your message left at the Clerk's office regarding the status of your access to governmental records request received by the City of Keene on Friday, September 18, 2020. I have been out of the office much of this past week due to post election tasks.

This is a written response to update you on the status of your request made under NH R.S.A. Ch. 91-A for access to governmental records of the City of Keene, NH, which was received by this office on Friday, September 18, 2020. The responsive records to your request are in the possession of the City Attorney's office and are scheduled for review by legal staff for any information the records may contain that is exempt from disclosure to the public under NH State Law. There are several pending records requests, received by the City of Keene prior to your submittal, that are also scheduled for review by the City Attorney's office staff for exemptions. Upon completion of the review process for the records responsive to your request, I will send you another written statement to update you on the status of your request.

Sincerely,
William S. Dow, CRM
Records Manager/Deputy City Clerk
Office of the City Clerk
3 Washington Street
Keene, NH 03431
(603) 352-0133 ext. 002

From: Keene Police Department

February 10, 2021

Subject: City of Keene NH - Right to Know Request - Emergency Order #63 violations

Muckrock News
c/o Melanie Gaiser
Dept. MR 102373
411A Highland Ave.
Somerville, MA 02144-2516

RE: City of Keene, NH - Right-to-Know request - Keene Police Department re: Local Mask Ordinance and Governor's Emergency Order #63 violations violations

Dear Ms. Gaiser

This is a written statement to update you on the status of your request made under NH R.S.A. Ch. 91-A for access to governmental records of the City of Keene, NH, which was received by this office on Friday, September 18, 2020. The City of Keene has determined that the following existing records are responsive to your request:

* Keene Police Department - Report #20-1194-FI (2 pages)

* Keene Police Department - Report # 20-01195-FI (2 pages)

* Keene Police Department - Report #20-1252-FI (2 pages)

* Keene Police Department - Report #20-1335-FI (2 pages)

* Keene Police Department - Report #20-1340-FI (2 pages)

* Keene Police Department - Report #20-1940-FI (2 pages)

* Community Development - Health Div. - Correspondence to Cheshire Pizza dated 9/01/2020 (2 pages).

* Community Development - Health Div. - Complaints dated 9/23/2020 to 12/31/2020. (6 pages)
The City of Keene also directs you to the Keene Police Department webpage located on the City of Keene website: https://ci.keene.nh.us/police. Under the "Resources" tab, you will find daily Police Logs, which will identify any calls related to the Mask Ordinance. The responsive police reports authorized for release have been redacted for the removal of the following exempt information:

* Witness names

* Addresses and telephone numbers

* Dates and places of birth

* License numbers

* Marital status

* Employer/school information

For the records that were redacted, those redactions were made in accordance with the following:

* The Attorney General's Memorandum on the Right-to-Know Law (2015)
* RSA 260:14 (Driver Privacy Act)
* RSA 91-A:5, IV (information that would constitute an invasion of privacy)
* Lodge v. Knowlton, 118 NH 574 (1978) re: federal standards for the release of law enforcement records pertaining to:
(C) information that would constitute an invasion of privacy

The records determined to be responsive to your request are available for inspection at no charge in the Office of the City Clerk during regular business hours. Please contact me to schedule a mutually convenient date and time for inspection.

The Office of the City Clerk staff has determined that it is reasonable to provide copies of the responsive records and mail to you. The established fee for providing copies is fifty (.50) cents for the first page and twenty-five (.25) cents for each additional page. There are 20 pages of responsive records for a total fee of $5.25 for providing copies and the fee for postage to mail the responsive records via U.S. Postal Service first class flat is $1.60. Please remit the total payment of $6.85, made payable to the City of Keene NH, and send total payment to my attention in the Office of the City Clerk. Upon my receipt of the total payment for providing copies and postage, I will mail the copies of the responsive records to you at the address provided in your request.

Sincerely,

William S. Dow, CRM
Records Manager/Deputy City Clerk
Office of the City Clerk
3 Washington Street
Keene, NH 03431
wdow@ci.keene.nh.us
(603) 352-0133 ext. 2
(603) 283-5653 (Fax)

Please do not hesitate to contact me directly if you have any further questions or concerns regarding this matter.

Sincerely,
William S. Dow, CRM
Records Manager/Deputy City Clerk
Office of the City Clerk
3 Washington Street
Keene, NH 03431
(603) 352-0133 ext. 002

From: Melanie Gaiser

Dear Mr. Dow -

Thank you for your reply.

I would prefer to receive the files in PDF format, electronically. Would that be possible?

Additionally, is there a way for me to pay the fee electronically?

Lastly, above, you direct me to the Daily Police Logs on your website. Will the information from those logs be included in the documents you will send me?

Thank you,
Melanie Gaiser

From: Keene Police Department

Dear Ms. Geiser,

Thank you for your follow up response regarding your pending Right to Know request with the City of Keene NH.

* It is policy of the City of Keene to make the records available for inspection at no charge during regular business hours in the Clerk's Office or mail copies of the records responsive for requests made under RSA 91-A. The City of Keene has determined that it is reasonable to provide copies of the responsive records in pdf format, copy to a DVD and mail to you.

* The City of Keene is unable to take electronic payments at this time. You may telephone the City Clerk's office during regular business hours and provide staff credit card payment information over the phone otherwise, please make check payable to the City of Keene NH and remit to my attention in the Office of the City Clerk. Upon receipt of total payment, I will mall the responsive records to you at the address below:

Muckrock News
c/o Melanie Gaiser
Dept. MR 102373
411A Highland Ave.
Somerville, MA 02144-2516

* The City of Keene will not be providing copies of Daily Police logs associated with responsive records. Keene Police Department Dispatch logs are routinely made available to the public directly through the Keene Police Department webpage. The associated offense reports responsive to your request will provide dates of the incidents. The Keene Police Department Dispatch log reports are filed chronologically by date. The City of Keene has determined that any other Keene Police Dispatch log reports not associated with records responsive to your request did not create an associated incident report.

Please do not hesitate to contact me with any further questions or concerns regarding this matter.

Sincerely,

William S. Dow, CRM
Records Manager/Deputy City Clerk
Office of the City Clerk
3 Washington Street
Keene, NH 03431
wdow@ci.keene.nh.us
(603) 352-0133 ext. 2
(603) 283-5653 (Fax)
wdow@ci.keene.nh.us

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