FamilySearch Indexing (Texas Department of Criminal Justice)
It is a clone of this request.
| Submitted | Oct. 2, 2019 |
| Due | Oct. 21, 2019 |
| Est. Completion | None |
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Communications
From: Burkely Hermann
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
Policies, procedures and/or documents pertaining to indexing for FamilySearch, otherwise known as Intellectual Reserve, Inc. or FamilySearch International, a genealogical non-profit operated by The Church of Jesus Christ of Latter-day Saints (LDS) by inmates within facilities run by the Texas Department of Criminal Justice. This includes any documents regarding Family History Centers operated within such facilities, and any documents referencing LDS Correctional Services, a division of LDS. Examples of such documents include contracts between the Texas Department of Criminal Justice and FamilySearch, often called a "Memorandum of Understanding," with an attachment describing FamilySearch's assistance.
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 10 business days, as the statute requires.
Sincerely,
Burkely Hermann
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on Oct. 2, 2019. 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.
From: Texas Department of Criminal Justice
Burkely,
I'm writing about your below request for information regarding FamilySearch. I'm hoping you can narrow down your request so that we don't unintentionally incur large costs for such a broad request. Sometimes even searching for information can incur a cost, such as searching our email database for documents related to FamilySearch.
First, would you narrow your request to only non-confidential, releasable information? This is more a precaution, as some of the information may inadvertently reference confidential information about inmates or other sensitive security information. This would allow the TDCJ to process your request and made appropriate redactions without having to delay production of records by going to the Attorney General's office.
Second, your request is very broad. Asking the TDCJ for "any documents regarding Family History Centers" would likely require our staff members to manually pull, scan, and redact information that may not be relevant to what you are looking for. The examples you included are great ways to narrow the scope of the request and focus on the documents you are really interested in, such as contracts or memoranda of understanding. This also reduces the cost burden on your end.
Finally, as I referenced above, some of the information you requested may be confidential. We cannot withhold or redact that information without your permission, but if you refuse, we must request a ruling from the Attorney General's office for an official determination of which information is confidential. I'm writing to you to hopefully avoid that process and reach a more efficient agreement.
Feel free to give me a call with any questions. These issues are sometimes easier to discuss over the phone. I also want to caution you that we may have no responsive records to your request, but I have not been able to confirm that as of this date.
You have 61 days to respond to this letter and provide a better understanding, in writing, of your request. If no response is received within the 61 days, your case will be closed and your request considered withdrawn. Texas Government Code ยง 552.222.
Sincerely,
Nicholas Morrell
Assistant General Counsel
Texas Department of Criminal Justice
P: (936) 437-6700
F: (936) 437-6994
The information contained in this email and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email may not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please immediately notify me by telephone and destroy all electronic, paper, or other versions.
From: Burkely Hermann
Mr. Morrell,
Thanks for your message. I understand your necessity to narrow down my request as searching for information can be costly. In terms of narrowing the request to only non-confidential, releasable information, would be fine by me. I was trying to be, as broad as possible, when asking for "any documents regarding Family History Centers," since I don't know if institutions like yours have any records, but I understand why you want to narrow down the request. I don't think any of the information I'm asking for is confidential. I understand that you may have no responsive records to my request but I'm willing to continue on this request anyway. I would add a request for documents like a volunteer manual or standard operating procedure for volunteers, but on the TDCJ website are webpages about this material and there is a handbook for volunteers already available on the same website. With that being said, I have attached some examples of previous MOUs and some other documents I have received in the past, so you can get examples of the documents I'm hoping to get in response to my request, along with a revised request.
Best regards,
Burkely Hermann
The revised request is as follows:
Pursuant to the Texas Public Information Act, I hereby request the following records:
Documents pertaining to indexing for FamilySearch, otherwise known as Intellectual Reserve, Inc. or FamilySearch International, a non-profit operated by The Church of Jesus Christ of Latter-day Saints (LDS), by inmates within facilities run by the Texas Department of Criminal Justice (TDCJ). Examples of such documents include contracts between the TDCJ and FamilySearch, often called a "Memorandum of Understanding," with an attachment describing FamilySearch's assistance and manuals (or standard operating procedure) about religious activities in TDCJ facilities. Any other documents, policies or procedures found during your search can also be included.
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 10 business days, as the statute requires.
From: Texas Department of Criminal Justice
Hello Mr. Hermann,
We have sent your PIR request to the AG's for a review for decision. Please see the attached.
Regards.
Monica Loizos
Legal Assistant I
Texas Department of Criminal Justice
Office of the General Counsel
P. O. Box 4004
Huntsville, Texas 77342
P. 936-437-6004
F. 936-437-6994
The information contained in this e-mail and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This e-mail shall not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.
From: Burkely Hermann
Ms. Loizos,
Thanks for doing that. I appreciate it. I hope to hear a positive result, ultimately.
Best regards,
Burkely Hermann
From: Burkely Hermann
Ms. Loizos,
What was the result of the AG's review?
Best regards,
Burkely Hermann
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