"Look Up, Speak Up" SAR to Delaware Valley Intelligence Center, RTCC

Dustin Slaughter filed this request with the Philadelphia Police Department of Philadelphia, PA.
Tracking # CP-2014-0539
Status
Rejected

Communications

From: Dustin Slaughter

To Whom It May Concern:

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

All "Look Up, Speak Up" suspicious activity reporting submitted to the Delaware Valley Intelligence Center and/or Real Time Crime Center which falls under the following "disposition labels" as listed on page seven of DVIC's privacy policy: "undetermined or unresolved"; "cleared or unfounded"; "verified"; and "under active investigation".

The time frame for this request seeks records from 1 January 2014 up to and including the date this request is officially processed.

I fully appreciate and expect personally-identifiable information will be exempt from disclosure; as such, I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest.

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,

Dustin Slaughter

From: Katharine Janoski


From: MuckRock

Hello,

Apologies, a RTK form was supposed to be attached to the initial request to make this an official request. Please see attached.

Thank you.

From: Katharine Janoski

Dear Mr. Slaughter:

It looks like the request is missing the attached page; can you re-submit?
Thanks,

Katharine L. Janoski
Assistant City Solicitor
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
(215) 683-5025 (direct dial)
(215) 683-5069 (fax)
katharine.janoski@phila.gov

THIS MESSAGE CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL & PRIVILEGED. UNLESS YOU ARE THE ADDRESSEE (OR AUTHORIZED TO RECEIVE FOR THE ADDRESSEE), YOU MAY NOT USE, COPY OR DISCLOSE TO ANYONE THE MESSAGE OR ANY INFORMATION CONTAINED IN THE MESSAGE. IF YOU HAVE RECEIVED THE MESSAGE IN ERROR PLEASE ADVISE THE SENDER BY REPLY E-MAIL, AND DELETE THE MESSAGE.

From: MuckRock

Apologies, see attached.

Thank you!

From: RightToKnowLaw


From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 29, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CP-2014-0539.

Thank you for your help.

From: Katharine Janoski


From: Dustin Slaughter

Dear Miss Janoski,

I'm contacting your office to inquire about any interest you may have in meeting personally to resolve this dispute. If not, I will go ahead and contact OOR to seek mediation assistance, per 1310(a)(6) of the statute. Failing that, I will formally appeal your office's decision, followed by litigation if all other administrative measures are exhausted.

I sincerely hope your office will consider working with me to resolve this in an equitable manner.

As always, thank you for your time and consideration in this matter.

Sincerely,
Dustin Slaughter

From: Dustin Slaughter

Dear Miss Janoski,

I am following up with you to find out if your office have any interest in meeting personally to resolve this dispute. If not, I will contact OOR to seek mediation assistance, as 1310(a)(6) provides, tomorrow morning.

Thank you.

Sincerely,
Dustin Slaughter

From: Henry, Faith

Good Afternoon,

Please see the attached appeal that has been filed with the Office of Open Records. This matter has been assigned to an Appeals Officer (see page 5 of attachment for contact information). Please forward all future correspondence directly to the Appeals Officer and all other parties. Thank you!

[cid:image001.jpg@01CF9AC3.4D727280]

Faith Henry
Administrative Officer
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120-0225
(717) 346-9903<tel:%28717%29%20346-9903> | fahenry@pa.gov<mailto:fahenry@pa.gov>
http://openrecords.state.pa.us<http://openrecords.state.pa.us/>
Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to sender.

From: MuckRock

RE: AP 2014-1041

Mr. Applegate,
As per the response received from the OOR on July 7th (attached), find the original request below and attached. Thank you.
---
To Whom It May Concern:
Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:
All "Look Up, Speak Up" suspicious activity reporting submitted to the Delaware Valley Intelligence Center and/or Real Time Crime Center which falls under the following "disposition labels" as listed on page seven of DVIC's privacy policy: "undetermined or unresolved"; "cleared or unfounded"; "verified"; and "under active investigation".
The time frame for this request seeks records from 1 January 2014 up to and including the date this request is officially processed.
I fully appreciate and expect personally-identifiable information will be exempt from disclosure; as such, I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release the requested documents in the public interest.
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,
Dustin Slaughter

From: Katharine Janoski

Dear Appeals Officer Applegate:

Attached please find the City's response to the above-captioned appeal.

Thank you for your consideration of this matter.

Respectfully submitted,

Katharine L. Janoski

Katharine L. Janoski
Assistant City Solicitor
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
(215) 683-5025 (direct dial)
(215) 683-5069 (fax)
katharine.janoski@phila.gov<mailto:katharine.janoski@phila.gov>

THIS MESSAGE CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL & PRIVILEGED. UNLESS YOU ARE THE ADDRESSEE (OR AUTHORIZED TO RECEIVE FOR THE ADDRESSEE), YOU MAY NOT USE, COPY OR DISCLOSE TO ANYONE THE MESSAGE OR ANY INFORMATION CONTAINED IN THE MESSAGE. IF YOU HAVE RECEIVED THE MESSAGE IN ERROR PLEASE ADVISE THE SENDER BY REPLY E-MAIL, AND DELETE THE MESSAGE.

From: Applegate, Kyle

Dear parties,

Please see the attached Final Determination in this matter. Thank you.

Sincerely,

[cid:image001.jpg@01CFB245.0C7B04B0]

Kyle Applegate
Attorney
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225
Phone: (717) 346-9903
Fax: (717) 425-5343
http://openrecords.state.pa.us<http://openrecords.state.pa.us/>
Confidentiality Notice: This electronic communication is privileged and confidential and is intended only for the party to whom it is addressed. If received in error, please return to the sender.

From: Priya Travassos

Dear Mr. Mishkin:

Please see the attached correspondence.

Sincerely,
Priya Travassos

Priya Travassos
Assistant District Attorney/RTKL Appeals Officer
Philadelphia District Attorney's Office
Three South Penn Square
Philadelphia, PA 19107
(215) 686-5739
priya.travassos@phila.gov

From: Benjamin Mishkin

Dear Appeals Officer Travassos:

I received two emails from you this morning, at 7:28am and 7:31am. These messages appeared to contain the same attachments as are copied on this message. Can you confirm that these messages were identical?

If the messages were the same, I am unsure which request by Mr. Slaughter is being appealed, as there appear to be two requests included in the document titled "Dustin Slaughter Appeal Letter." Pages 1 through 6 appear to refer to Mr. Slaughter's May 9, 2014 request to PPD, while pages 7 through 15 appear to refer to Mr. Slaughter's April 22, 2014 request for records relating to ICE and the City's Office of Public Safety.

Can you please clarify whether these are in fact two appeals, or whether this correspondence constitutes a single appeal?

In either case, the City respectfully requests additional time to respond to Mr. Slaughter's appeal(s). I am currently the Law Department's only attorney assigned to over 140 pending Right to Know requests and over 25 appeals. As a result, the City would greatly appreciate an additional two weeks to respond to Mr. Slaughter's appeal(s). With this extension, the City's new deadline to respond would be September 2.

Respectfully,

Benjamin S. Mishkin
Open Records Officer & Assistant City Solicitor
Pensions & Investments Division
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
(215) 683-5022 (Phone)
(215) 683-5069 (Fax)

THIS MESSAGE CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL & PRIVILEGED. UNLESS YOU ARE THE ADDRESSEE (OR AUTHORIZED TO RECEIVE FOR THE ADDRESSEE), YOU MAY NOT USE, COPY OR DISCLOSE TO ANYONE THE MESSAGE OR ANY INFORMATION CONTAINED IN THE MESSAGE. IF YOU HAVE RECEIVED THE MESSAGE IN ERROR PLEASE ADVISE THE SENDER BY REPLY E-MAIL, AND DELETE THE MESSAGE.

From: Priya Travassos

Dear Mr. Mishkin:

The two e-mails sent yesterday morning are identical.

Because Mr. Slaughter's letter setting forth the grounds for his appeal refers to only the request that was denied on June 16, 2014, that request is the only one under consideration in this appeal. Please let me know if there is further ambiguity.

The City's request for a two-week extension of time (until September 2, 2014) is granted. If an additional extension is needed, please contact me.

Sincerely,
Priya Travassos

Priya Travassos
Assistant District Attorney/RTKL Appeals Officer
Philadelphia District Attorney's Office
Three South Penn Square
Philadelphia, PA 19107
(215) 686-5739
priya.travassos@phila.gov<mailto:priya.travassos@phila.gov>

From: Benjamin Mishkin

Dear Appeals Officer Travassos:

Attached please find the City of Philadelphia's response to the above-captioned appeal.

Thank you for your consideration of this matter.

Respectfully,

Benjamin S. Mishkin
Open Records Officer & Assistant City Solicitor
Pensions & Investments Division
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
(215) 683-5022 (Phone)
(215) 683-5069 (Fax)

THIS MESSAGE CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL & PRIVILEGED. UNLESS YOU ARE THE ADDRESSEE (OR AUTHORIZED TO RECEIVE FOR THE ADDRESSEE), YOU MAY NOT USE, COPY OR DISCLOSE TO ANYONE THE MESSAGE OR ANY INFORMATION CONTAINED IN THE MESSAGE. IF YOU HAVE RECEIVED THE MESSAGE IN ERROR PLEASE ADVISE THE SENDER BY REPLY E-MAIL, AND DELETE THE MESSAGE.

From: Priya Travassos

Dear Mr. Mishkin:

Thank you for the City's appellate submission. At this time, I anticipate issuing a decision in this matter by September 16, 2014.

Sincerely,
Priya Travassos

Priya Travassos
Assistant District Attorney/RTKL Appeals Officer
Philadelphia District Attorney's Office
Three South Penn Square
Philadelphia, PA 19107
(215) 686-5739
priya.travassos@phila.gov<mailto:priya.travassos@phila.gov>

From: Katharine Janoski

Dear Appeals Officer Travassos:

I represent the City of Philadelphia ("City") Police Department ("PPD") in connection with the above-referenced appeal. I was out of the office when your original email notifying the City of this appeal came in. I returned to the office last week and was only just made aware of the appeal today. I believe that there was a misunderstanding on the City's part and that the City still needs to respond to the appeal of Mr. Slaughter's request denied on June 16, 2014. Under the circumstances, I respectfully request that you consider this email in addition to the attached document, incorporated herein by reference, as the City's response to the appeal of that request. I submit that there is no prejudice in considering these materials because they are being submitted only one day late, and because it is in the interest of justice, fairness, and efficiency for your to have a full record and full set of arguments in making your determination.

First, Mr. Slaughter's appeal to your office is untimely and his appeal should therefore be dismissed. The City responded to his request on June 16, 2014. The City's response to the request is included in the attached document as Exhibit A. As he was advised in the City's final response, Mr. Slaughter had fifteen (15) business days from June 16, 2014, to appeal to your office. See City's Final Response, dated June 16, 2014; see also 65 P.S. § 67.1101; 65 P.S. § 503(d)(2). As such, for his appeal to be valid, Mr. Slaughter was required to file this appeal by no later than July 7, 2014. Because he did not do so, his appeal is untimely and should be dismissed.

Alternatively, even if you reach the merits of this appeal, Mr. Slaughter's appeal should be denied because he is seeking criminal investigatory records. In Part C.1 of the City's attached response to Mr. Slaughter's parallel appeal to the Office of Open Records ("OOR"), incorporated by reference herein, the City explained that the requested records are exempt criminal investigatory records. Additionally, the City submitted the affidavit the PPD's Open Records Officer, Lt. Edward Egenlauf, which attests that the records are criminal investigatory records. Lt. Egenlauf's affidavit is included in the attached document as Exhibit B. Accordingly, as set forth above and in the attached document, Mr. Slaughter's appeal should be denied.

Thank you for your time and consideration in this matter.

Respectfully,

Katharine L. Janoski
Assistant City Solicitor
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
(215) 683-5025 (direct dial)
(215) 683-5069 (fax)
katharine.janoski@phila.gov<mailto:katharine.janoski@phila.gov>

THIS MESSAGE CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL & PRIVILEGED. UNLESS YOU ARE THE ADDRESSEE (OR AUTHORIZED TO RECEIVE FOR THE ADDRESSEE), YOU MAY NOT USE, COPY OR DISCLOSE TO ANYONE THE MESSAGE OR ANY INFORMATION CONTAINED IN THE MESSAGE. IF YOU HAVE RECEIVED THE MESSAGE IN ERROR PLEASE ADVISE THE SENDER BY REPLY E-MAIL, AND DELETE THE MESSAGE.

From: Priya Travassos

Dear Ms. Janoski:

Thank you for the City's additional appellate submission. I will review it and issue a decision in this matter by September 19, 2014.

Sincerely,
Priya Travassos

Priya Travassos
Assistant District Attorney/RTKL Appeals Officer
Philadelphia District Attorney's Office
Three South Penn Square
Philadelphia, PA 19107
(215) 686-5739
priya.travassos@phila.gov<mailto:priya.travassos@phila.gov>

From: Philadelphia Police Department

A letter stating that the request appeal has been rejected.

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