Public Records Log (Lewiston Police Department)

Christina Koningisor filed this request with the Lewiston Police Department of Lewiston, ME.
Multi Request Public Records Log
Submitted March 31, 2021
Due April 7, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Christina Koningisor

Subject: Maine Freedom of Access Act Request: Public Records Log (Lewiston Police Department)

Email


To Whom It May Concern:

Pursuant to the Maine Freedom of Access Act, I hereby request the following records:

(1) I request a log of all public records requests submitted to the police department between January 1, 2020  and December 31, 2020. If a log is
not available for those dates, I request a log  for the most recent 12 month period available. If the agency maintains this information in  an Excel spreadsheet,
I request that the record be produced in this format. If the agency maintains a log reflecting whether a request was rejected and/or whether any exemptions were
invoked, I request that the log produced to me include that information.  
(2) Any records that reflect the number of public records responses in which the agency invoked 16 M.R.S.A. § 807.
(3) Any policy documents, instructional manuals, etc. that provide advice as to when the agency is permitted to invoke 16 M.R.S.A. § 807.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). 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.

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,

Christina Koningisor

From: Lewiston Police Department

Subject: RE: Maine Freedom of Access Act Request: Public Records Log (Lewiston Police Department)

Email

Greetings Christina,

I see that your news agency has sent a total of THREE requests seeking the information below under FOAA. The first request dated 03/31/2021 at 05:15 hrs was responded to on the very same date just after 9:00 hrs. I wrote: “ Good Morning Christina,

We are in receipt of this request for information under FOAA; however, we do NOT maintain any type of data base, spreadsheet or other type record keeping in terms of the numbers of FOAA requests received, granted or denied by this agency. We would have no way to accurately provide you with this information. “

Since sending this, I have received 2 more emails requesting the same. I am guessing that some of these requests may be computer generated. I hope the information in this email will help explain the process. In your second to last email dated Friday April 02, 2021, you asked for clarification to my first response.

You are correct in that we do not track public records requests; whether the request was denied or granted. We have no database to track requests at all as previously stated. We receive requests and make decisions on what can and cannot be release on a case by case basis.

We rely on SEVERAL Maine Revised Statutes to decide what we can and cannot release. They are the governing factor for what can be released. These include but may not be limited to the following:

* Title 1, Chapter 13 entitled “Public Records and Proceedings” Subchapter 1: Freedom of Access. Sections 400 thru 413,
* Title 16: COURT PROCEDURE –EVIDENCE, Chapter 7: Criminal History Record Information Act (sections 700 to 710)
* Title 16, Chapter 9 - Intelligence and Investigative Record Information Act (sections 801 thru 809)
* Title 15: Court Procedure –Criminal Chapter 507, Section 3308-A
* Title 17-A Chapter 48 (Victim’s Rights)
* Title 25: Internal Security and Public Safety, Chapters 341, 352, 252
* Title 5: Administrative Procedures and Services, Chapter 372
* Ttitle 30-A MRSA: Municipalities and Counties, Chapter 1 and Chapter 123

You will find upon review of these Statutes what can and cannot be released in terms of requests. They are the governing factor when deciding what we can and cannot release.

I have attached our Policy on Public Information as well as an FOAA guide that contains the above Statute references.
Regards,

David St. Pierre
Lieutenant, SUPPORT SERVICES DIVISION

Lewiston Police Department
171 Park Street, Lewiston, ME 04240
(207) 513-3001 x 3323

Visit us at LewistonMaine.gov<http://www.lewistonmaine.gov/>

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