FamilySearch Indexing (Pennsylvania Department of Corrections)

Burkely Hermann filed this request with the Department of Corrections of Pennsylvania.
Tracking #

1133-19

Est. Completion None
Status
No Responsive Documents

Communications

From: Burkely Hermann


To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Policies, procedures and/or documents pertaining to indexing for FamilySearch, otherwise known as Intellectual Reserve, Inc. or FamilySearch International, a genealogical non-profit operated by The Church of Jesus Christ of Latter-day Saints (LDS) by inmates within facilities run by the Pennsylvania Department of Corrections. This includes any documents regarding Family History Centers operated within such facilities, and any documents referencing LDS Correctional Services, a division of LDS. Examples of such documents include contracts between the Pennsylvania Department of Corrections and FamilySearch, often called a "Memorandum of Understanding," with an attachment describing FamilySearch's assistance.

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 5 business days, as the statute requires.

Sincerely,

Burkely Hermann

From: Department of Corrections

Dear Mr. Hermann,

This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on October 9, 2019. Therefore, under the RTKL, a written response to your request is due on or before October 17, 2019. This response is provided pursuant to that requirement. This response is an interim response to your request. A final response will be sent at a later time as outlined below.

You are hereby notified that, for the reason set forth below, the Department will require an additional 30 calendar days, i.e. until November 15, 2019, in which to provide a final written response to your request:

* A legal review is necessary to determine whether the record requested is subject to access under the Act.

At this time, the Department is unable to provide you with an estimated cost to fulfill your current request if it is granted. Any actual or estimated fees will be identified in the Department's future response.

Sincerely,

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Burkely Hermann

Mr. Filkosky,
Thanks for your email. I look forward to a written response to the request and understand that you need to do a legal review. Even so, I would say that the record I am requesting should be publicly accessible and viewable, as past contracts I have received from Cache County, Kane County, and Summit County in Utah only included the name of the place (or places) where indexing was being done, the signature of a representative of the correctional system and another from FamilySearch, and a page which outlined the specifics of FamilySearch's assistance. A good example of this is what I received from Kane County in Utah: https://www.muckrock.com/foi/kane-county-31588/familysearch-indexing-kane-county-sheriff-80008/#file-815009. That is one of the documents I'm hoping you have. Of course, anything else you feel is relevant could also be included.

With that all being said, I look forward to hearing from you.

Best regards,
Burkely Hermann

From: Department of Corrections

Dear Mr. Hermann:

This email acknowledges receipt by the Department of Corrections of your written request for records under the Pennsylvania Right-to-Know Law (RTKL). Your request was received by this office on October 9, 2019.

From: Burkely Hermann

I'm glad that you are acknowledging the receipt of my request, but going off the email from Andrew Filkosky, the Agency Open Records Officer, on October 10th, you have until tomorrow to provide a final written response to my request, since you felt a "legal review is necessary to determine whether the record requested is subject to access under the Act." With that, I hope to hear from you tomorrow.

Best regards,
Burkely Hermann

From: Burkely Hermann

PA Department of Corrections,
Its November 21st. Where is your "final written response to your request" that Mr. Filkosky promised on October 10th? I would very much like a response to my request as soon as possible.

Best regards,
Burkely Hermann

From: Department of Corrections

Attached is a copy of the response sent to you via email on 11/14/2019.

Andrew Filkosky | Agency Open Records Officer
Department of Corrections | Office of Chief Counsel
1920 Technology Parkway
Mechanicsburg, PA 17050
Phone: 717.728.7770 | Fax: 717.728.0312
www.cor.pa.gov<http://www.cor.pa.gov>

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
ATTORNEY WORK PRODUCT
The information transmitted is intended only for the person or entity to whom it is addressed and may contain confidential and/or privileged material. Any use of this information other than by the intended recipient is prohibited. If you receive this message in error, please send a reply e-mail to the sender and delete the material from any and all computers. Unintended transmissions shall not constitute waiver of the attorney-client or any other privilege.

From: Department of Corrections

Attached is our response letter sent via email 11/14/19. This was also sent via email today. We are submitting to your website to ensure that you received the response.

From: Burkely Hermann

Thank you for your response. I did not receive that message via email before now. It seems it was sent to the muckrock email account, one which I do not have access to. Sorry for that confusion. I am not surprised that Pennsylvania does not have documents, but thanks for considering the request.

Best regards,
Burkely Hermann

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