water quality at SCI Fayette

Justin McLachlan filed this request with the Department of Corrections of Pennsylvania .
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Completed

Communications

From: Justin McLachlan


To Whom It May Concern:

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

1) all prisoner and staff complaints regarding water quality at SCI Fayette for the last three years from the date of this request
2) any logs, spreadsheets, tracking records, databases, or other records regarding environmental complaints made by prisoners or staff at SCI Fayette
3) any logs, spreadsheets, tracking records, databases, or other records regarding prisoner requests for medical treatment for the last year from the date of this request
4) any emails, memos or other records regarding environmental concerns, conditions at SCI Fayette
5) all water treatment records at SCI Fayette for the last three years from the date of this request
6) the department's policies or guidelines for the following: a) handling and processing prisoner complaints, b) handling and processing prisoner requests for medical treatment, c) handling and responding to environmental concerns within department facilities, both those specific to the department and SCI Fayette
7) the department's records retention schedule
8) any lists, indexes or guides that list policy manuals, documents, memos and/or training materials for employees at SCI Fayette
9) a copy of the department's contracts with any service providers at SCI Fayette involved in facility maintenance, water and medical providers
10) any spreadsheets, databases, tracking documents or other records showing the date received and status of all Right To Know Law requests received by the department regarding SCI Fayette for the last three years

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,

Justin McLachlan

From: Department of Corrections

Dear Mr. McLachlan,

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 April 27, 2021. 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 June 3, 2021, 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: Justin McLachlan

Mr. Fillowsky,

Thank you for your response. Regarding the 30-day extension, in my conversations with the Pennsylvania Office of Open Government in the past they have indicated that the extension runs from the date of receipt of request, which was April 27. Thirty calendar days from April 27 is May 27, not June 3. Further, counting back from June 3, 30 days is May 5th. You can please check your calculations and get back to me?

Sincerely,
Justin McLachlan

From: Department of Corrections

Mr. McLachlan,

You are welcome. The 30 day extension due date is calculated from the last day of the initial 5 business day response date. Your request was received on April 27th. The last day of the initial 5 business day response date is May 4th. So the 30 day extension due date is 30 calendar days from May 4th, which is June 3rd.

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: Justin McLachlan

Hi Mr. Filkosky,

I understand your interpretation and though I disagree with it, I will agree to a June 3, 2021 deadline.

I'd also like to expand the request to include any documents or other records released in connection with the RTKL request underlying this case-- Uniontown Newspapers, Inc. v. Pa. Dep't of Corr. (Pa., Dec. 22, 2020, J-49A-2020). I think you're familiar with it. Specifically, it references a "September 25, 2014, [request] ... an email seeking diagnosis data of inmates at State Correctional Institution (SCI)–Fayette, based in part on its proximity to a fly ash dump in Fayette County (Request). .... It also sought information comparing illnesses of SCI–Fayette inmates with inmates at other SCIs." It references a database tracking prisoner mortality. Uniontown Newspapers, Inc. v. Pa. Dep't of Corr. (Pa. Cmmw. Ct. 2018) 185 A.3d 1161

As the records subject to that request have already been released, I can't see any need for further legal review or delay in regards to those records specifically and would appreciate their prompt release. In as much as my original request overlaps with the original, I again can see no reason for delay in regard to records that have already been publically released.

Sincerely,
Justin McLachlan

From: Department of Corrections

Mr. McLachlan,

We will treat your request for the Uniontown records as a separate request and should have them to you within the 5 business day response period without the need for an extension.

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: Justin McLachlan

Got it, thanks for your help.

Justin

From: Department of Corrections

No problem, you are welcome.

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: Department of Corrections

Dear Mr. McLachlan,

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 April 29, 2021.

The request you submitted is as follows:

I'd also like to expand the request to include any documents or other records released in connection with the RTKL request underlying this case-- Uniontown Newspapers, Inc. v. Pa. Dep't of Corr. (Pa., Dec. 22, 2020, J-49A-2020). I think you're familiar with it. Specifically, it references a "September 25, 2014, [request] ... an email seeking diagnosis data of inmates at State Correctional Institution (SCI)–Fayette, based in part on its proximity to a fly ash dump in Fayette County (Request). .... It also sought information comparing illnesses of SCI–Fayette inmates with inmates at other SCIs." It references a database tracking prisoner mortality. Uniontown Newspapers, Inc. v. Pa. Dep't of Corr. (Pa. Cmmw. Ct. 2018) 185 A.3d 1161.

You are granted access to the information you are seeking in the above request. The records responsive to this request are attached to this email at no charge.

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.

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