David Sellers (University of Vermont)

Dear Samantha,

I am writing to acknowledge receipt of your records request. Your original request was received Tuesday, June 27, 2023 and a search was initiated immediately. I have no record of a request dated June 24, 2023 (see attached original message). Additionally, please note that requests received outside of business hours (e.g., Saturday) are processed the next business day.

We are conducting a search to determine what records, if any, are responsive to the request and their status under Vermont law. Please find more information about the University’s Records and Documents Requests Policy at https://www.uvm.edu/sites/default/files/UVM-Policies/policies/records_request.pdf and on the Vermont Legislature’s website here: https://legislature.vermont.gov/statutes/section/01/005/00318.

I understand from the Office of Record that some or all records in the 1970 to 1990 range you request will require the recall of physical records from offsite storage and significant time to review individual files. I estimate that there will be significant time associated with reviewing the records for the information you seek. I will provide you an estimate once our initial search is complete.

Below is a link to the University of Vermont Operating Procedure related to costs associated with records requests. If you wish to revise your original request to potentially reduce costs, you would then be welcome to submit follow up requests. Please let me know if you have any questions; my direct contact information is below.

https://www.uvm.edu/sites/default/files/UVM-Policies/policies/cost_assessment.pdf

Sincerely,

Maureen
Maureen Jennings
Records Custodian & Compliance Coordinator
Office of Compliance and Privacy Services
University of Vermont
P: 802.656.3415<tel:802.656.3086> (direct) / E: public.records@uvm.edu<mailto:public.records@uvm.edu>

PUBLIC RECORDS REQUESTS INFORMATION<https://www.uvm.edu/compliance/public-records>
Office of Compliance & Privacy Services<https://www.uvm.edu/compliance> • Feedback, Comments, Questions<mailto:compliance@uvm.edu?subject=Feedback,%20Comments,%20Questions>

********************CONFIDENTIALITY NOTICE********************
This e-mail and any attachments may contain private, confidential, and privileged information for the sole use of the intended recipient. This information is intended for the recipient and use by authorized addressees only. If you are not the intended recipient, please notify the sender immediately. Any dissemination, distribution, forwarding, printing, copying or otherwise duplicating is strictly prohibited and could violate federal and/or state law.

UVM is subject to the Vermont Public Records Act and communications to and from this email address, including attachments, are subject to disclosure unless exempted under the Act or otherwise applicable law.

Hello again, Samantha—

I am writing to confirm that your request is in progress. Due to the location of records that must be reviewed to respond to your request and because I am still consulting with other departments with substantial interest in the determination of the request, I am notifying you of our need to extend under 1 V.S.A. § 318(a)(5) our time for response to up to ten business days from the date of your request. Therefore, you will receive our response to your request by July 12, 2023 [inclusive of the University’s closure for the Independence Day holiday]. I will send along any updates as they are available.

Sincerely,

Maureen
Maureen Jennings
Records Custodian & Compliance Coordinator
Office of Compliance and Privacy Services
University of Vermont
P: 802.656.3415<tel:802.656.3086> (direct) / E: public.records@uvm.edu<mailto:public.records@uvm.edu>

PUBLIC RECORDS REQUESTS INFORMATION<https://www.uvm.edu/compliance/public-records>
Office of Compliance & Privacy Services<https://www.uvm.edu/compliance> • Feedback, Comments, Questions<mailto:compliance@uvm.edu?subject=Feedback,%20Comments,%20Questions>

********************CONFIDENTIALITY NOTICE********************
This e-mail and any attachments may contain private, confidential, and privileged information for the sole use of the intended recipient. This information is intended for the recipient and use by authorized addressees only. If you are not the intended recipient, please notify the sender immediately. Any dissemination, distribution, forwarding, printing, copying or otherwise duplicating is strictly prohibited and could violate federal and/or state law.

UVM is subject to the Vermont Public Records Act and communications to and from this email address, including attachments, are subject to disclosure unless exempted under the Act or otherwise applicable law.

Dear Samantha,

I am writing in response to your request for records received June 27, 2023. You specifically requested “any police reports, any 911 calls, any transcripts, videos, interrogations, any arrest records, deal memos, pleas, claims of sexual assault, reports of sexual assault, any court records, hearing records or transcripts, any case files, court case files, divorce records, divorce transcripts, divorce filings, any exhibits, photos, evidence about or in prosecution of David Sellers, Dave Sellers, David E. Sellers, David Edward Sellers of Vermont -- Warren, VT -- previously of 481 Prickly Mtn Road, Warren, VT DOB: 9/7/1938. Any […] all records, papers, documents […]. Dates ranging from 1970 to 1990.”

A search of onsite and electronic records matching your criteria produced no responsive records. I have conducted a diligent search of onsite digital and hard copy records, and the records that you have requested do not exist in the form you have specified or in any other form. As required by the Vermont Public Records Act, 1 V.S.A. § 318(a)(4), I certify that the requested records do not exist.

A search of physical records stored offsite encompassing the 1970s-1980s years would require extensive time and labor to inspect, at a potentially significant cost to you (see below). Under the University’s Record Retention Schedule<https://www.uvm.edu/compliance/compliance/record_retention_schedule>, Police Services would have legally destroyed all records which might have met your search criteria by 1997, with the following exceptions, which would be retained permanently:

Records regarding

* homicide
* arson (death resulting)
* kidnapping
* aggravated sexual assault
* fatal motor vehicle accidents
* sexual assault, lewd & lascivious conduct with a child - if prosecuted under Title 13, §4501(c)

If you would like to continue your request and initiate a search of off-site physical records, I will generate an estimate of costs associated<https://www.uvm.edu/sites/default/files/UVM-Policies/policies/cost_assessment.pdf> with our time required to respond to your request, as permitted under the Vermont Public Records Act, and issue an invoice. We would resume our search upon receipt of payment.

Please let me know if you would like to proceed, and I will follow up with an invoice and payment instructions. Otherwise, I will close your request. You are also welcome to submit a follow up request or revise your current request in the future should you wish. My direct contact information is below should you have any questions.

Sincerely,

Maureen
Maureen Jennings
Records Custodian & Compliance Coordinator
Office of Compliance and Privacy Services
University of Vermont
P: 802.656.3415<tel:802.656.3086> (direct) / E: public.records@uvm.edu<mailto:public.records@uvm.edu>

PUBLIC RECORDS REQUESTS INFORMATION<https://www.uvm.edu/compliance/public-records>
Office of Compliance & Privacy Services<https://www.uvm.edu/compliance> • Feedback, Comments, Questions<mailto:compliance@uvm.edu?subject=Feedback,%20Comments,%20Questions>

********************CONFIDENTIALITY NOTICE********************
This e-mail and any attachments may contain private, confidential, and privileged information for the sole use of the intended recipient. This information is intended for the recipient and use by authorized addressees only. If you are not the intended recipient, please notify the sender immediately. Any dissemination, distribution, forwarding, printing, copying or otherwise duplicating is strictly prohibited and could violate federal and/or state law.

UVM is subject to the Vermont Public Records Act and communications to and from this email address, including attachments, are subject to disclosure unless exempted under the Act or otherwise applicable law.