Kimberly Davis emails re: Pope Francis

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

It is a clone of this request.

Status
Completed

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 September 1 to the date this request is processed that contain any of the following keywords (please conduct a separate search for each):

"Pope"
"Francis"
"Vatican"
"embassy"
"Washington, DC"

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: Davis, Kimberly (Rowan County Clerk)

Dear Shawn,

As stated in the previous KORA request response, regarding emails, dated 10-02-2015, there are no emails containing any of the keywords you have requested.

Thank you,

Kim Davis

From: Shawn Musgrave

Dear Ms. Davis -

Please advise as to the process for appealing your response under KORA.

Respectfully,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Dear Mr. Musgrave,

There are no records to give you, no emails regarding any of the key words: Washington, DC, embassy, Vatican,

Francis or Pope. An appeal would not be needed in this case, as there are no records of any source, that you have requested.

Thank you.

From: Davis, Kimberly (Rowan County Clerk)

Mr. Musgrave,

Can you be a little more specific on this request. I am certain you are wanting anything that would have pertained to the scheduling of that meeting, but I am unsure. If that was your intent, then there are no records to send you. I do have, however, 2 emails sent to my email from non-supporters that are both from Wednesday, if you like I will fax those to you. Please advise.

Thank you,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Ms. Davis -

Yes, please send me the two emails that you indicate — as well as any other emails that contain the indicated keywords. As these emails are in electronic format, I request that you send them in such format, as I am entitled to request under the KORA.

Please do not print them out and fax them to me.

Respectfully,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Shawn, I already have them printed and am ready to fax, sorry. I am old school on this email stuff. I will even waive the fees for this one. Please supply me with a fax number.

Kim

From: Shawn Musgrave

Hi Kim -

Thanks for locating emails that fit my request, and for waiving fees.

Again, the law of Kentucky seemingly allows me to request documents in their original format. As such, please send all emails that fit my request in their original, electronic format.

Respectfully,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Shawn,

This is beginning to feel like I am just corresponding in vain. Actually, the KORA Attorney General Opinion 2012 states, "Public agencies are not required to honor emailed open records request but should develop a standard response notifying the requester to submit his or her request by US Mail, fax or in person and immediately issue the standard response."

I have tried on numerous occasions to be accommodating to you and to fulfill your request. If you are interested in these two particular emails, please give me your fax number. Otherwise, I will expect a fax request and the $3.00 fee, for the said 2 documents that meet the criteria of your request.

Thank you and have a great weekend.

Kim

From: Shawn Musgrave

Kim -

I am not intending to be difficult or to frustrate you. Rather, I am asserting my right to documents in electronic format. This right is clearly provided under KORA.

The previous Kentucky Attorney General did advise that agencies are not *required* to honor an emailed request (see http://ag.ky.gov/civil/orom/documents/yourdutyunderthelaw_708_.pdf). Your willingness to do so puts you ahead of many agencies, including the CIA and the NYPD. Thank you for acknowledging my emailed requests and processing them quickly.

The KORA statute itself clearly states that a requester may ask that documents be provided either electronic or hard copy format if the agency maintains the document in both formats. This is an unambiguous provision. Since electronic communications — emails — are by definition maintained in electronic format, I am within my rights to request that you provide such documents in electronic format, rather than by fax. This is a simple provision to follow.

I would be happy to send you my request in whatever standard format your office requires for public records requests under KORA. Likewise, I reasonably ask that you provide the documents in the format in which they are currently stored.

If I have misread any of the applicable law here, please also advise me accordingly. I look forward to your substantive reply.

Respectfully, and have a great weekend,
Shawn Musgrave

From: Rowan County Clerk

A copy of documents responsive to the request.

From: Rowan County Clerk

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: 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.

I continue to request that you send the two emails you have indicated in electronic format, unless you have an overriding justification for declining to provide them electronically.

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,

Your request has been fulfilled and put in the mail as of Oct 6, 2015.

Thank you,

Kim Davis

Rowan County Clerk

From: Shawn Musgrave

Ms. Davis -

Thank you for getting back to me so quickly! Please advise as to what has been mailed to me by your office — have you sent a CD or other means of sending electronic copies of the relevant emails?

Best,
Shawn Musgrave

From: Davis, Kimberly (Rowan County Clerk)

Please see the linked and previous emails. Hard copy form.

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: Shawn Musgrave

Hi Kim -

Can you send in electronic format the two emails you printed and mailed on October 6? I will put the check in the mail for this request upon receipt of the electronic copies.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hi Kim -

Checking on this.

Best,
Shawn Musgrave
MuckRock

From: Davis, Kimberly (Rowan County Clerk)

Shawn,
Have you received the hard copies I mailed you on the 6th of October? I was certain that you could use just those 2 email hard copies, as I have already closed out that KORA request. Please?

Thanks for your patience and kindness,
Kim

From: Shawn Musgrave

Hi Kim -

We did, but I was hoping to get electronic copies. I've put the check in the mail. If you could forward copies of those two emails, it would be helpful to me.

Best,
Shawn

From: MuckRock

To Whom It May Concern:

Please find enclosed a check for $3.00 to satisfy the fee associated with the attached public records request.

Thank you.

From: Davis, Kimberly (Rowan County Clerk)

In response to your KORA inquiry, I have completed that request as of October 6, 2015. You have acknowledged receipt of the documents requested and all requirements have been met.

Respectfully

From: Shawn Musgrave

Apologies — this request is complete.

Thank you.

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