|Submitted||Nov. 25, 2013|
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To Whom It May Concern:
Pursuant to Wisconsin's Open Records act, I hereby request the following records:
Itemized inventory of all equipment, weapons, vehicles or any other materials received by the Outagamie County Sheriffs office under the Pentagon's "1033 Program", or any other equipment received by any other Federal agencies under similar programs.
Please be aware that the Open Records law defines “record” to include information that is maintained on paper as well as electronically, such as data files and unprinted emails. Wis. Stat. § 19.32(2).
Please also be aware that the Open Records law “shall be construed in every instance with the presumption of complete public access consistent with the conduct of governmental business. The denial of access generally is contrary to the public interest and only in exceptional cases can access be denied.” If you deny my request, the law requires you to do so in writing and state what part of the law you believe entitles you to deny my request. Wis. Stat. § 19.35(4)(a).
The Open Records law states that you may charge for "the actual, necessary and direct cost" of locating records, if this exceeds $50, and for photocopies. The Wisconsin Department of Justice advises that copying fees under the Open Records law should be “around 15 cents per page and that anything in excess of 25 cents may be suspect.”
As you know, the law requires you to respond to this request “as soon as practicable and without delay.”
If you are not the records custodian for this information, please forward this request to the appropriate person. Also, please let me know if I can clarify or refine this request.
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.
In the event that fees cannot be waived, 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 would request your response within ten (10) business days.
Attn: Robert Ritchie
In response to the 2pg open records request we received from you via fax on 25Nov13 (attached as "MuckRock Request.pdf"), please see information listed below to fulfill your request. I will consider your request closed/completed at this time. *Please note dissemination restrictions below.
The following information should properly address the open records request:
Honda Fourtrax 300
DTID# FB48556093 / 600
NSN# 234001 Honda
*We attempt to process all open records requests within 10 Business days from the date of the request.*
*All open records requests are subject to Wisconsin State Statutes prohibiting release of certain information such as medical, juvenile or other restricted information. Please contact sender for any questions regarding redaction.
*Any denial is subject to review in an action for mandamus under Wis. Stat. $19.37(1), or by application to the local District Attorney or Attorney General. Wis. Stat. $19.35(4)(b).
Natalie Beiter #318
Outagamie County Sheriff's Dept.
320 S. Walnut St.
Appleton, WI 54911
This email contains CONFIDENTIAL INFORMATION which may also be legally privileged and which is intended only for use of the individual or entity named above. If the reader of this email is not the intended recipient, you are hereby on notice that you are in possession of confidential and privileged information. Any dissemination, distribution or copying of this facsimile is strictly prohibited. If you have received this email in error, please immediately notify the sender by telephone and or email. If you are the intended recipient, this document is the property of the Outagamie County Sheriff's Department and is loaned to you or your agency . Its contents are not to be duplicated or distributed to anyone without prior authorization from the Sheriff's Department.