Pennsylvania DoC fines against Aramark, Trinity • MuckRock

4 Communications
2 Files

Communications

From: CJ Ciaramella

10/29/2014

Subject: None

To Whom It May Concern:

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

-All records pertaining to fines related to the Department of Correction's ongoing and past contracts with Aramark Corporation.

- All records pertaining to fines related to the Department of Correction's ongoing and past contracts with Trinity Services Group, Inc.

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 look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

CJ Ciaramella

From: Filkosky, Andrew

11/03/2014

Subject: None

Dear Mr. Ciarmella,

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 30, 2014. Therefore, under the RTKL, a written response to your request is due on or before November 6, 2014. This letter is provided pursuant to that requirement. This letter 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 December 5, 2014, 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.state.pa.us

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.

~WRD000
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From: MuckRock.com

11/20/2014

Subject: None

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Filkosky, Andrew

11/20/2014

Subject: None

Dear Mr. Ciarmella,

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 30, 2014. On November 3, 2014, an interim response was sent to you extending the final response date to December 5, 2014.

Please be aware that the Department of Corrections has not had any contracts with Aramark Corporation or Trinity Services Group, Inc. Therefore, your requests for “All records pertaining to fines related to the Department of Correction's ongoing and past contracts with Aramark Corporation” and “All records pertaining to fines related to the Department of Correction's ongoing and past contracts with Trinity Services Group, Inc.” are denied for the following reason:

* The record(s) that you requested do not currently exist. When responding to a request for access, an agency is not required to create a record which does not currently exist or to compile, format or organize a public record in a manner in which it does not currently compile, format or organize the public record. 65 P.S. § 67.705; See Moore v. Office of Open Records, 992 A.2d 907, 909 (Pa. Cmwlth. 2010)(“The Department cannot grant access to a record that does not exist. Because under the current RTKL the Department cannot be made to create a record which does not exist, the OOR properly denied [the] … appeal.”); See also Bargeron v. Department of Labor and Industry, 720 A.2d 500 (Pa.Cmwlth. 1998).

You have a right to appeal this denial of information in writing to Terry Mutchler, Executive Director, Office of Open Records (OOR), Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120. If you choose to file an appeal you must do so within 15 business days of the mailing date of this response and send to the OOR:

1) this response; 2) your request; and 3) the reason why you think the agency is wrong in its reasons for saying that the record is not public (a statement that addresses any ground stated by the agency for the denial). If the agency gave several reasons why the record is not public, state which ones you think were wrong.

Also, the OOR has an appeal form available on the OOR website at:

https://www.dced.state.pa.us/public/oor/appealformgeneral.pdf.

Sincerely,

~WRD000
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Files

11/03/2014

~WRD000
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11/20/2014

~WRD000
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Submitted	Oct. 29, 2014
Est. Completion	None