FOIA - "Breonna Taylor" Emails (Kentucky State Police)

Hello,

Attached is the response to your open records request. Thank you.

~ Stephanie

Hello,

Attached is the response to your open records request. Thank you.

~ Stephanie

Hello,

Attached is the response to your open records request. Thank you.

~ Stephanie

Hello,

Attached is the response to your open records request. Thank you.

~ Stephanie

A copy of documents responsive to the request.

Hello,

Attached is the response to your open records request. Thank you.

~ Stephanie

Mr. Ader:

I am writing to update you regarding the status of your pending request, ORR 20-3255.
Please be advised that I am currently in the process of completing the review of approximately 400+ e-mails that we identified as responsive to your October 9, 2020, request for "All emails sent and/or received from 9/20/2020 to 9/28/2020 containing/mentioning any of the following terms - Breonna Taylor #BreonnaTaylor Responsive records[,]" following a reasonable search conducted in good faith to ensure that we located all e-mails responsive to your October 9, 2020, request.

On December 1, 2020, this office mailed a flash drive containing a number of responsive e-mails to you. I trust you have received that flash drive, which partially satisfied your original request.

As you may have ascertained from a review of the records contained on that flash drive, a number of e-mails containing a reference to Ms. Taylor did not consist of actual communications or contain any substantive discussion of that investigation. However, because of how broadly the original request was framed, our search identified all of those as responsive and, therefore, KSP released those records to fully comply with your request because no statutory exemption applied. My continuing review of the remaining e-mails in dispute has revealed that more records of that nature, i.e., e-mails containing newsletters and various other publications or articles, will be included among those we are releasing to you later today. It's entirely possible that you will receive some e-mails that are duplicative of those already provided; I apologize for any inconvenience that may cause. I am erring on the side of caution rather than risk inadvertently omitting any responsive e-mails.

If you do not wish to receive any such e-mails, please contact me directly and I will focus my review accordingly. Barring any unanticipated technological difficulties, I will be placing another flash drive containing the majority of the remaining e-mails in the mail to you before I leave today. Of course, if my review indicates that KSP must withhold any existing responsive e-mails, we will send a substantive response identifying the statutory exception that we are relying upon to justify the withholding per KRS 61.880(1).

Please confirm receipt of this e-mail. I apologize for the prior delays in processing your October 9 request. We greatly appreciate your patience during this unprecedented time.

Please do not hesitate to contact me if you have questions or concerns.

Thank you.

Respectfully,

Michelle D. Harrison
Executive Advisor
Kentucky State Police
919 Versailles Road
Frankfort, Kentucky 40601
Phone: 502-782-1791
Fax: 502-573-1636
michelle.harrison@ky.gov<mailto:michelle.harrison@ky.gov>

[ksp logos white 2]

Confidentiality Statement
This communication contains information which is confidential. It is for exclusive use of the intended recipient(s). If you are not the intended recipient(s), please note that any form of distribution, copying, forwarding or use of this communication or the information therein is strictly prohibited and may be unlawful. If you have received this communication in error, please return it to the sender and then delete the communication and destroy any copies.

Mr. Ader:

Please be advised that I have reviewed approximately half of the 486 responsive e-mails. In so doing, I discovered that additional time is necessary to ensure that nothing is disclosed unintentionally which has legitimate security implications.

I am in the process of scheduling a meeting with individuals that possess the requisite insight and experience to provide necessary guidance that will expedite my review. My hope is to have that meeting early next week and then proceed in disclosing the remainder of the subject e-mails that are not exempt from public disclosure to you as promptly as possible.

If you have any questions or concerns, please do not hesitate to contact me. I do apologize for the continuing delay. I hope to have a final response to you by next Friday, December 18, 2020.

Thank you for your patience.

Respectfully,

Michelle D. Harrison
Executive Advisor
Kentucky State Police
919 Versailles Road
Frankfort, Kentucky 40601
Phone: 502-782-1791
Fax: 502-573-1636
michelle.harrison@ky.gov<mailto:michelle.harrison@ky.gov>

[ksp logos white 2]

Hello Mr. Ader,

We would like to speak to you in person over the phone. We have tried to find a phone number in this email and on the website with no luck. If you could please send a phone number to us to call you and talk about this request. Thank you.

~ Stephanie

Mr. Ader:

I hope this finds you well. I am writing, in part, to confirm that you received my update regarding the status of the above-referenced OR request as of last Friday, December 11, 2020, which appears below.

I was hoping to speak with you directly at some point earlier today, but perhaps we can speak tomorrow if that is more convenient on your end. To summarize, my concern is that given how broadly the original request was framed, i.e., "All emails sent and/or received from 9/20/2020 to 9/28/2020 containing/mentioning any of the following terms[,]" specifically, Breonna Taylor or #Breonna Taylor, our search identified a number of records that fall within those parameters, but in actuality, have little or no direct connection to Ms. Taylor or the investigation of her death.

Rather, a search for all e-mails containing her name revealed a number of records that only mention her name in a headline or contain a passing reference to her name in the context of security protocols for some related protests, etc., that might very well be used again.

I spoke with our General Counsel earlier today regarding a number of the records that are implicated. She, in turn, communicated with individuals on the law enforcement (versus civilian) side of this agency, who are more familiar with documents of the kind I mentioned in general terms previously.

Please be advised that a number of the responsive e-mails can be accurately described as legitimately confidential, i.e., internal security briefings and executive summaries, updates regarding unrelated matters that mention Breonna Taylor only in passing, etc., due to broad security implications and, therefore, can likely be withheld under KRS 61.878(1)(k)(exempting from disclosure records or information, the disclosure of which is prohibited by federal law or regulation). However, I would prefer to discuss the scope of the records that you are seeking rather than deny a large portion of the request without seeking clarification.

As you know, I mailed a flash drive to you on December 1, 2020, which included a number of responsive e-mails. Please confirm that you have received the flash drive. I welcome any feedback you can provide as to whether the nonexempt records provided to you represent the kind of e-mails that you were seeking and, if not, I look forward to communicating with you directly in order to facilitate access to any existing responsive e-mails that are not exempt under the Kentucky Open Records Act.

KSP greatly appreciates your patience and understanding in this unprecedented time. Please be advised that I was not familiar with your original request until December 1, because I did not begin working here until November 16, and I did not have a working e-mail account until a week or so later, which inhibited my ability to assist in the area of Open Records. The delay is the result of logistical and technological obstacles rather than any intent or desire to delay access to any records to which you are legally entitled.

I will be working from home tomorrow and unavailable from approximately 11:30 a.m. - 1:00 p.m. (EST). However, if you have the opportunity to e-mail me regarding this matter, I would greatly appreciate it and, if preferable or necessary, we can speak by telephone either tomorrow or Thursday.

Thank you so much.
Best,
Michelle

Mr. Ader:

I am touching base to confirm your voicemail, which I did not receive until I arrived in the office this morning.
I am sorry that I missed your call. I worked from home yesterday, but I am in the office today.

I am obligated to attend (remotely) a meeting with my superiors at 10:30 a.m. (EST). It will probably last approximately one hour. Following the meeting, I will return your call if that is acceptable.

Thank you. I look forward to speaking with you.

Respectfully,

Michelle D. Harrison
Executive Advisor
Kentucky State Police
919 Versailles Road
Frankfort, Kentucky 40601
Phone: 502-782-1791
Fax: 502-573-1636
michelle.harrison@ky.gov<mailto:michelle.harrison@ky.gov>

[ksp logos white 2]

Confidentiality Statement
This communication contains information which is confidential. It is for exclusive use of the intended recipient(s). If you are not the intended recipient(s), please note that any form of distribution, copying, forwarding or use of this communication or the information therein is strictly prohibited and may be unlawful. If you have received this communication in error, please return it to the sender and then delete the communication and destroy any copies.

Hello there!

Perfect. I will give you a call around 12:00 and if you're unavailable, I will leave a message. I will be in the office (barring changes in the weather) until approximately 4:30 p.m.

I will be working from home tomorrow, but I will be available from approximately 9:00 a.m. until 5:00 p.m. or so.

I'll talk to you soon.

Thank you.
Best,
Chelie

Mr. Ader:

Good morning. As you know, our agreed upon deadline for disclosure of the remainder of the e-mails responsive to #3255 is today.

I was hoping, in the interest of efficiency for all concerned, to speak with you directly in order to clarify the scope of that request prior to sending the flash drive containing the remainder of the nonexempt e-mails. Because we have been unsuccessful in reaching each other thus far, KSP is going to send a second flash drive to you today rather than delay a final response any longer.

Please be advised that I have reviewed all 486 e-mails and the only e-mails that KSP is withholding can be properly characterized as exempt pursuant to KRS 61.878(1)(k), which incorporates 28 CFR Part 23 into the Kentucky Open Records Act (confidential FBI communications, etc.), or consist of a very small number of e-mails that satisfy the elements of KRE 503 (attorney-client privilege)(communications between KSP General Counsel and her client regarding unrelated matters, for example), incorporated into the Kentucky Open Records Act by KRS 61.878(1)(l). Again, I can attest to the fact that none of the content relates to the underlying investigation; rather, the content withheld relates generally to security protocols and briefings, etc. which, in some cases, do not even relate exclusively to the Breonna Taylor case or the related protests, etc.

Please let us know if you have any further questions or concerns following receipt of the flash drive.
I apologize in advance if some e-mails are duplicative of e-mails contained on the flash drive that we mailed to you previously (12/1). Rather than risk inadvertently excluding any nonexempt e-mails, I erred on the side of caution.

KSP hopes that disclosure of the second flash drive, containing approximately 350 e-mails, will resolve this matter satisfactorily.

Thank you again for your patience and cooperation during this challenging time. Please do not hesitate to contact us if you have additional questions or concerns.

Best regards,

Michelle D. Harrison
Executive Advisor
Kentucky State Police
919 Versailles Road
Frankfort, Kentucky 40601
Phone: 502-782-1791
Fax: 502-573-1636
michelle.harrison@ky.gov<mailto:michelle.harrison@ky.gov>

[ksp logos white 2]

Confidentiality Statement
This communication contains information which is confidential. It is for exclusive use of the intended recipient(s). If you are not the intended recipient(s), please note that any form of distribution, copying, forwarding or use of this communication or the information therein is strictly prohibited and may be unlawful. If you have received this communication in error, please return it to the sender and then delete the communication and destroy any copies.

A copy of documents responsive to the request.