Kimberly Davis emails Aug 2015

Shawn Musgrave filed this request with the Rowan County Clerk of Rowan County, KY.
Status
Completed

Crowdfund Request: Kimberly Davis emails Aug 2015

Share Embed Help

Help cover the request fees needed to free these docs!

Backed by Jimmy Green and 19 others.

$450.00 raised out of $1,383.45.

This crowdfund has ended.

Embed Opening and closing brackets with a diagonal slash through the middle. Embed

Close

Success Thank you!

Subscribe to MuckRock’s newsletter:

Help this crowdfund find more supporters:

Error Error

An error occurred during payment (don't worry, your card has not been charged).

Refresh the page to try again. If the error persists, contact us.

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to Kentucky Open Records Act, I hereby request the following records:

All emails sent to or by Rowan County Clerk Kimberly Davis from August 1, 2015 to the date this request is processed.

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 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 3 business days, as the statute requires.

Sincerely,

Shawn Musgrave

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 Sept. 1, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Davis, Kimberly (Rowan County Clerk)

Hello,

I have received your request and need to confirm, I can furnish you with all that you have requested. There are well over 6000 or so emails received/sent during the time period you have ask for. With that being said, there will be considerable time and paper consumed in the processing of your request. I am estimating approximately 40 hours of labor at $12.50 per hour to retrieve and print all emails, along with a copy fee of $.10 per copy and the open records $3.00 fee plus postage for mail (estimated $100.00) for the request. This would make the approximate amount due $1,203.00. Once that amount is received, ($1,203.00 will be considered a deposit until all the records have been processed, if it is less, I will refund you the difference, and if more is due, I will contact you with the additional amount due prior to releasing said records), your request can begin to be processed.

Respectfully,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Hello -

Is it possible to avoid copying time and fees by sending electronic copies of the emails?

Best,
Shawn

From: Davis, Kimberly (Rowan County Clerk)

Dear Sir,

I have responded to and conveyed what all was needed to be able to process your request. I do not have the means to transfer electronic and the email dated 9-16-2015 is still my response. Once you have sent the fees as I had indicated in the email dated 9-16-2015, your request will be processed as timely as possible.

From: Shawn Musgrave

Hello -

Please clarify as to why you are unable to provide electronic copies of electronic communications. It seems that the Kentucky public records statute requires provision of documents electronically if a given agency is able to provide such documents in electronic format.

Respectfully,
Shawn

From: Davis, Kimberly (Rowan County Clerk)

Good morning,

Again, please refer to my responding email dated 09-16-2015.

Thank you

From: Shawn Musgrave

Ms. Davis -

Please advise as to the appeal process for your cost estimate, as I consider your response to be contrary to the spirit and letter of the Kentucky public records statute.

Respectfully,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Dear Mr. Musgrave,

Your consideration regarding my response contrary to the spirit and letter of the KRS in estimating cost to your KORA request is not substantiated. The Attorney General Opinion from 2012 states 'the agency may, but is not required to, provide the requested format. The agency may then recover staff costs as well as any actual costs it incurs.'

I was trying to be fair in this request, while I do retain the right, through the Kentucky Open Records Law, to refuse your request all together, as it is an 'overly burdensome request'. Again, I will refer to the email dated 09-16-2015 for the cost of this request and upon receipt, your request will be processed in as timely manner as possible.

Respectfully,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Ms. Davis -

Thank you for getting back to me on this. Please advise as to the process for appealing your determination.

Respectfully,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

An appeal process is only for a KORA that has been denied. I have not denied your request, though it would be merited, as mentioned in the previous email, citing "an overly burdensome request".

From: Shawn Musgrave

Ms. Davis -

I may file a written complaint with the state attorney general for excessive fees, as well as effective denial of my request by virtue of characterizing it as "overly burdensome" for electronic production. Per Ky. Rev. Stat. 61.880(4):

"If a person feels the intent of KRS 61.870 to 61.884 is being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees or the misdirection of the applicant, the person may complain in
writing to the Attorney General, and the complaint shall be subject to the same adjudicatory process as if the record had been denied."

Please direct me to revisions to the statute or relevant caselaw, if I am incorrect in citing the above.

On the matter of electronic production of records: in what format do you currently store your emails? The statute indicates that I may request production of documents in the format in which they are stored, or else in ASCII as the standard electronic format. (I am relying on Ky. Rev. Stat. 61.874(2)(b) for this — if there is another provision I am missing.) Does your agency store official emails in hard copy, or in electronic format? If emails are stored in electronic format, please elaborate.

I look forward to receiving these documents as requested under KORA.

Respectfully,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

I have tried to be obliging to you and your request, however, if you feel I have not, you may do as you have stated in your email.

With that being said, if you feel reviewing and printing or transmitting well over 6000 emails is not a burdensome task, I am sorry. I have said many times prior and will say again in this email, I will be happy to complete your request, for the fees as discussed in the email dated 09-16-2015. Also, as discussed, if there are any fees due you in return, I will refund those to you, and if the fees are short, with man hours, copies, mailing, and the fee for your KORA request, I would contact you with that also. I really don't know how much more you expect from me, as I am more than willing to complete your request upon receipt of your payment.

Respectfully,

Kim Davis

From: Shawn Musgrave

Ms. Davis -

That is a substantial number of emails, admittedly. I am attempting to lower your manhour requirement (as well as the cost) by requesting that emails be sent in electronic format, rather than printed. As printing comprises approximately half of your fee estimate, eliminating the print requirement would cut down the cost considerably.)

Please see my previous question as to the format in which your emails are stored, and advise.

Respectfully,
Shawn Musgrave

From: Shawn Musgrave

Ms. Davis -

I'm following up on my unresolved question as to the format in which your emails are stored. Please advise.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Ms. Davis -

Please advise as to the status of this request, as well as the format in which your email records are kept.

Respectfully,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Ms. Davis -

As you've stopped replying to emails regarding my two open requests — both of which you initially acknowledged by email — I am reaching out by fax.

Please note, however, that I continue to assert my right under the KORA to electronic copies of the requested emails. Please advise as to the cost of providing these documents electronically. My preference is that you send these documents by email using the email address that you already have via our previous correspondence (see below). Any necessary correspondence regarding my requests would also be much, much easier to conduct via email than via fax or other means.

Respectfully,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

I will again refer you to my response, dated 09-16-2015 @ 10:04 am, of compliance to your emailed KORA request regarding received/sent emails from August 1, 2015 for Rowan County Clerk, Kimberly Davis. I have quoted you a price for processing this request and have done everything possible to help you. If you feel this is not satisfactory, I apologize, but going through over 6000 emails ( just the received - not even including sent ) is a burdensome task. The fees I have quoted are within the KORA specifications and they are still my quote for completion and compliance. Upon your receipt of payment, I can begin to process your KORA request in a timely manner.

Thank you,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Ms. Davis -

I will be appealing your processing of both requests to the Attorney General. You have not answered the simple question of how your emails are stored. Presumably, they are stored in digital, electronic format. As such, I am entitled to receive them in digital format, rather than as faxes or hard copy printouts.

I do not dispute the considerable labor involved in fulfilling my request. To this end, I am willing to reduce the scope of the request so that your office has fewer emails to review. But more than half of your cost estimate is for printing and shipping of hard copies. This portion of your estimate is inappropriate, since it is unnecessary to print and mail the requested emails.

Respectfully,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

Your decision to appeal is definitely your right, but as for the KORA request dated 10-01-2015, "key word" request, that one has already been fulfilled and mailed to you, which would make it unable to be appealed because it has been complied with and completed. There is the issue of fees for that particular request, which I addressed in the documentation (letter to you on letterhead) that was forwarded to you and upon receipt, I will expect payment.

Thank you,

Kim Davis

Rowan County Clerk

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

Thank you for your email of 10-08-15 @ 2.25pm, your offer to reduce the scope of your original request is greatly appreciated. That will help us respond in a manner that is more economical to both our office and to you.

We will begin as soon as we receive your new request and will make every effort to respond in a digital format, that should help quite a bit with the cost. Naturally, we can not proceed until we receive your new request.

Please find attached a copy of the Attorney General Booklet: Protecting Your Right To Know, regarding the appeal process.

I look forward to hearing from you,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Hi Kim -

Please narrow my request to:

All emails sent to or received by Rowan County Clerk Kimberly Davis from a .gov email domain from August 1, 2015 to the date this request is processed.

Best,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Hello Shawn,

I am acknowledging receipt of your most recent and scoped down KORA request. Thank you, however, I will let you know, I am unsure of how to filter these emails to locate only the ".gov" domain emails. Therefore, I will have to personally go through every single email, sent and received, some opened, some not (bad ones), and as you know from our previous conversations, there are now approximately 6,670 unopened emails and I am not sure of the total number of ones already opened.

I will process your request in as timely manner as possible. If you are aware of any way to filter these emails to reveal only certain domains, I will gladly accept your expertise. Otherwise, I will be searching and transferring emails into a file to send to you. Please go ahead and send the $3.00 fee for processing this request, and I will begin working on it.

Thank you,

Kim

From: Shawn Musgrave

Hi Kim -

As you're on an Outlook Web App, there is a way to filter emails down to messages to/from ".gov" addresses. I will send a link to instructions, or else an email with instructions.

Thank you,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Thanks!! I have tried to filter by entering ".gov" but it pulls over every email, so I will await your instructions, because I am not doing something right.

Kim

From: Davis, Kimberly (Rowan County Clerk)


Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Davis, Kimberly (Rowan County Clerk)


From: Davis, Kimberly (Rowan County Clerk)


Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Davis, Kimberly (Rowan County Clerk)


Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Davis, Kimberly (Rowan County Clerk)


Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Davis, Kimberly (Rowan County Clerk)


Warning An exclamation point.

There are too many files to display on this communication. See all files

From: Davis, Kimberly (Rowan County Clerk)


From: Davis, Kimberly (Rowan County Clerk)


From: Davis, Kimberly (Rowan County Clerk)

Dear Shawn,

I wanted to verify that you got all 8 of my emails with ALL the attachments. That was the only way I could figure out to get everything to you electronically/digitally. If you need anything else, please feel free to contact me, thanks!!

Kim Davis
Rowan County Clerk

From: Shawn Musgrave

Hi Kim -

Yes, I got the 8 emails that you sent. Are these all .gov emails that were sent to or from your email address?

Best,
Shawn

From: Davis, Kimberly (Rowan County Clerk)

Yes Sir, that is exactly what you have. They won’t be very interesting reading, but most of the “.gov” emails are all business related. I went through all my emails, opened and unopened and copied them to another folder so I could keep them separate. It has been an extremely long morning, but you have every single email from 08-01-2015 to present from or to a .gov domain email address. Thank you again for reducing the scope your request, it helped considerably with time for me and for you, expense.

Files

pages

Close
Warning An exclamation point.

There are too many files to display on the request page. See all files.