DOJ correspondence

September 12, 2016

Jasper Craven

MuckRock

DEPT MR 28141

411A Highland Ave

Somerville, MA 02144-2516

Re: Record Request

Dear Mr. Mr. Craven:

The Vermont Department of Corrections has received your request for records. The Department’s initial response is included below.

1. All correspondence between the U.S. Department of Justice and the Vermont Department of Corrections between January and September of 2016.

Prior to initiating the search to fulfil your request I feel compelled to inform you that the scope of your request will result in you incurring significant charges. For reasons discussed below, I anticipate that the cost of the copies of non-exempt records responsive to your request will not be as substantial as the cost of staff time required to comply with your request.

You are asking to have a search done of the files (electronic or otherwise) of any and all Vermont DOC employees who were employed from January 1, 2016 to September 8, 2016. The request requires over 1000 staff to search through their paper and email files for records to or from the U.S. Department of Justice. Having each staff person preform this search will be quite time consuming. The Department of Human Resources will need to be involved with this request as it will also be necessary to research which employees were working during this time frame but that have since terminated their employment. The Department of Information and Innovation will need to be involved to search through these former employees’ archived electronic files. All correspondence including email that is located will need to be reviewed to ensure that it is not exempt from public disclosure.

You should also be aware that it is likely that, if any records are found, some of them may have been made part of an offender core file. The content of an offender's file is designated confidential pursuant to DOC Directive 254.01. See 2016, No. 137 (Adj. Sess.), § 7(c). and not subject to public disclosure. Although some of the documents may be exempt you will still be responsible for the charges incurred as a result of the staff time to search for the records. Of course, there may be other records responsive to your request that are not exempt from disclosure.

Although difficult to estimate with precision, I estimate that having the 1000 staff search for email responsive to your request, having the Department of Human Resources research the list of employees who were working during the time frame you have requested but have since terminated, having the Department of Information and Innovation search through any archived email files of these terminated employees, and having any of the email that is found reviewed to determine if it is relevant or if any exemption may apply will take approximately 40 hours of cumulative staff time. The Secretary of State’s office sets the rate for staff time charged for processing record requests. The cost of staff time varies between $0.33 per minute and $0.57 per minute, depending upon the staff member. 40 hours of work at the lowest rate of $19.80 per hour would result in a charge to you of $792.00. This is a conservative estimate of the cost that will be charged and collected from you for complying with this portion of your request. Before proceeding further, I will await written confirmation from you that you desire the DOC to commence its work to comply with your request. The Department will also require payment in advance of any non-exempt records being released.

If you could narrow your request to specific staff members or a smaller group of staff members, or give a subject matter to the DOJ correspondence you are looking for this will significantly reduce the time it will take to search for these records and reduce the charges that you will incur.

Sincerely,

David Turner

Policy Development and Offender Due Process

September 27, 2016

Jasper Craven

MuckRock

requests@muckrock.com

Re: Record Request

Dear Mr. Craven:

The Vermont Department of Corrections has received your narrowed request for records.

1. Communications between the U.S. DOJ and Commissioner Menard from July 1 to date.

There is a need for the Department to “search for and collect the requested documents,” and for “consultation.” See 1 V.S.A. § 318 (a)(5)(A)-(C). Therefore, the Department expects to respond on or about October 5, 2016.

Provisions of the law, see 1 V.S.A § 316 (b)(c), allow for the charging and collection of costs to produce these records. If any of the requested information exists and is deliverable I will send an outline of the costs associated with your request and the address where payment can be sent.

Sincerely,

David Turner

Policy Development and Offender Due Process

October 4, 2016

Jasper Craven
MuckRock
requests@muckrock.com<mailto:requests@muckrock.com>

Re: Record Request
Dear Mr. Craven:
The Vermont Department of Corrections has searched for and found records responsive to your September 21, 2016 narrowed request. The Department’s response is included below.
1. Communications between the U.S. DOJ and Commissioner Menard from July 1 to date (September 21, 2016).
a. A search was done and all communication that met the parameters of your request have been gathered and provided.
Sincerely,
David Turner
Policy Development and Offender Due Process