Walmart theft agreement correspondence

Luke Stoddard Nathan filed this request with the Rensselaer County District Attorney of Rensselaer County, NY.
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From: Luke Stoddard Nathan

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law, I hereby request that the following records be emailed to me:

(a) any and all correspondence, including text messages and emails, sent or received on May 26, 2017 by Rensselaer County District Attorney Joel Abelove pertaining to (i) a memorandum of understanding ("MOU") or "agreement regarding thefts at Walmart stores in Brunswick and East Greenbush," as Mr. Abelove reportedly described it in a separate memorandum, (ii) the Albany Times Union, or (iii) Walmart.

(b) any and all records that reflect the statistical or factual basis, justification, or impetus for the drafting or execution of the MOU or agreement described in section (a)(i) above.

(c) a copy of the MOU or agreement described in section (a)(i) above.

(d) any and all records pertaining to the rescindment of the MOU or agreement described in section (a)(i) above.

For reference or to assist your search for responsive documents, the following news articles were published by the Albany Times Union on May 26, 2017:
1. "Walmart shoplifters may get break," 8:19 A.M. <>
2. "Rensselaer County DA ends practice of not prosecuting some Walmart shoplifters," 2:44 P.M. <>

Perhaps of particular note, according to the article published at or around 8:19 A.M., "The agreement between Walmart and Abelove's office is detailed in a March 9 memo obtained by the Times Union that Abelove sent to Russo, Lavin and the State Police. Abelove concludes the memo stating, 'This MOU should benefit your agencies by resulting in fewer calls for service at these locations.'"

Please note that statistical or factual tabulations or data; instructions to staff that affect the public; and final agency policy or determinations cannot be withheld from the public under Section 87(2)(g) of the Freedom of Information Law.

If my request is too broad or does not adequately describe the Records, please contact me so that I may clarify my request, and when appropriate inform me of the manner in which Records are filed, retrieved or generated.

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.


Luke Stoddard Nathan

From: Rensselaer County District Attorney

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Luke Stoddard Nathan

To Whom It May Concern:

Please find enclosed a check for $91.50 to satisfy the fee associated with the attached public records request.

Thank you.

From: Rensselaer County District Attorney

A copy of documents responsive to the request.

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.


This letter is in response to your recent inquiry to FOIL request 2017-70, regarding 'all correspondence received on May 26, 2017 by Rensselaer County District Attorney Joel Abelove pertaining to "MOU". The requested information was mailed out to you on 6/22/2018 to the following

Attn.: DEPT MR 38069
411A Highland Ave
Sommerville, MA 02144-2516

Due to the large volume of records sent, there were two packages mailed at the same time. Please let me know if you received it.

Sheri Coli
Confidential Assistant
Rensselaer County Attorney's Office