COVID-19 non-compliance reports to VIC

Brian Waters filed this request with the Vermont Intelligence Center of Vermont .
Est. Completion None
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Partially Completed

Communications

From: Brian Waters

To Whom It May Concern:

Pursuant to the Vermont Public Records Act, I hereby request reports made to the Vermont Intelligence Center (VIC) regarding non-compliance with the governor's executive order 01-20. (EO 01-20 is also known as the governor's "stay-at-home" order regarding the COVID-19 pandemic.) Specifically, I am requesting any reports made up until the time this request is processed.

The existence of these reports is mentioned in a directive issued by the Attorney General on Friday (https://ago.vermont.gov/wp-content/uploads/2020/04/AGO-EO-Enforcement-Directive-4.3.20.pdf). In particular, the directive reads "After law enforcement has made reasonable attempts to gain voluntary compliance, law enforcement shall report non-compliance to the Vermont Intelligence Center (VIC) in the Department of Public Safety, in accordance with guidance from the Department of Public Safety."

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 3 business days, as the statute requires.

Sincerely,
Brian Waters

From: Vermont Intelligence Center

April 13, 2020

Brian Waters

Filed Via MuckRock.com

Via email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Waters:

I am writing in response to your April 8, 2020 public records request for "reports made to the Vermont Intelligence Center (VIC) regarding non-compliance with the governor's executive order 01-20. (EO 01-20 is also known as the governor's "stay-at-home" order regarding the COVID-19 pandemic.)

Because of the need to "search for and collect the requested records from field facilities," and the need for consultation with "another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein or with the Attorney General," the ten business day extension is invoked to process your request. See 1 V.S.A. § § 318(b)(5)(A), (C).

Depending on the amount of records requiring review, we may need additional time beyond the ten days. If this circumstance arises, you will be notified as soon as possible.

Thank you.

Heidi Storm
Vermont State Police
Records and Alarm Administrator
45 State Drive
Waterbury, VT 05671

From: Vermont Intelligence Center

Brian Waters
MuckRock

Dear Brian,

I am writing regarding your public records request, received on April 8th, 2020 for copies of public records from the Department of Public Safety ("DPS") that involve all submissions received through the online Executive Order Reporting Tool.

Attached are copies of reports received by DPS that meet the scope of your request. DPS continues to compile and review additional records to assess if they meet the scope of your request.

Please note that the records supplied here have been redacted in accordance with the Vermont Public Records Act exemptions found at 1 V.S.A. § 317(c)(5)(A), relating to law enforcement records "dealing with the detection and investigation of crime," and 1 V.S.A. § 317(c)(7), related to "personal documents relating to an individual."

Specifically, DPS has redacted the records to remove information exempt from public inspection and copying under the following exemptions:

1 V.S.A. § 317(c)(5)(A)(iii) (information that "could reasonably be expected to constitute an unwarranted invasion of personal privacy");

1 V.S.A. § 317(c)(5)(D) (information which "a public agency shall not reveal" including "the identity of a private individual who is a witness to or victim of a crime, unless withholding the identity...would conceal government wrongdoing."); and

1 V.S.A. § 317(c)(7) (personally identifying information, including date of birth, address, telephone number, Social Security number, name of employer, and information which could "reveal intimate details of a person's life, including any information that might subject the person to embarrassment, harassment, disgrace, or loss of employment or friends." See Rutland Herald v. City of Rutland, 2012 VT 26, ¶ 39, 191 Vt. 387, 404, 48 A.3d 568, 579 (quoting Kade v. Smith, 2006 VT 44, ¶ 8, 180 Vt. 554, 557, 904 A.2d 1080, 1084)).

If you believe that a portion of the attached record has been withheld in error, or if you would like to discuss the redactions in the released record, please feel free to call me at the number below. Please be advised that you may also file an appeal. If you choose to file an appeal, we request that you do so in writing to:

Commissioner Michael Schirling
Department of Public Safety
45 State Drive
Waterbury, VT 05671

As mentioned previously, DPS continues to compile and review additional records. I will be in touch soon to advise of any additional findings.

Sincerely,
Heidi Storm
Vermont State Police
Records and Alarm Administrator
45 State Drive
Waterbury, VT 05671

Heidi Storm
Vermont State Police
Records and Alarm Administrator
45 State Drive
Waterbury, VT 05671

From: Vermont Intelligence Center

Brian Waters
MuckRock
5/1/2020

Dear Brian,

I am writing regarding your public records request, received on April 8th, 2020 for copies of public records from the Department of Public Safety ("DPS") that involve all submissions received through the online Executive Order Reporting Tool.

Attached are additional copies of reports received by DPS that meet the scope of your request. DPS continues to compile and review additional records to assess if they meet the scope of your request.

Please note that the records supplied here have been redacted in accordance with the Vermont Public Records Act exemptions found at 1 V.S.A. § 317(c)(5)(A), relating to law enforcement records "dealing with the detection and investigation of crime," and 1 V.S.A. § 317(c)(7), related to "personal documents relating to an individual."

Specifically, DPS has redacted the records to remove information exempt from public inspection and copying under the following exemptions:

1 V.S.A. § 317(c)(5)(A)(iii) (information that "could reasonably be expected to constitute an unwarranted invasion of personal privacy");

1 V.S.A. § 317(c)(5)(D) (information which "a public agency shall not reveal" including "the identity of a private individual who is a witness to or victim of a crime, unless withholding the identity...would conceal government wrongdoing."); and

1 V.S.A. § 317(c)(7) (personally identifying information, including date of birth, address, telephone number, Social Security number, name of employer, and information which could "reveal intimate details of a person's life, including any information that might subject the person to embarrassment, harassment, disgrace, or loss of employment or friends." See Rutland Herald v. City of Rutland, 2012 VT 26, ¶ 39, 191 Vt. 387, 404, 48 A.3d 568, 579 (quoting Kade v. Smith, 2006 VT 44, ¶ 8, 180 Vt. 554, 557, 904 A.2d 1080, 1084)).

If you believe that a portion of the attached record has been withheld in error, or if you would like to discuss the redactions in the released record, please feel free to call me at the number below. Please be advised that you may also file an appeal. If you choose to file an appeal, we request that you do so in writing to:

Commissioner Michael Schirling
Department of Public Safety
45 State Drive
Waterbury, VT 05671

As mentioned previously, DPS continues to compile and review additional records. I will be in touch soon to advise of any additional findings.

Sincerely,
Heidi Storm
Vermont State Police
Records and Alarm Administrator
45 State Drive
Waterbury, VT 05671

Heidi Storm
Vermont State Police
Records and Alarm Administrator
45 State Drive
Waterbury, VT 05671

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